construction lawyer

Let me
Represent YOUR
Construction
Interests!

Analyzing legal issues that
impact parties across the
construction industry.

Recent Posts

CAREFUL DRAFTING OF ARBITRATION PROVISIONS TO ENSURE THE STATUTE OF LIMITATIONS APPLIES TO CLAIMS RESOLVED THROUGH ARBITRATION

Posted on 27 November, 2011
Many construction contracts include arbitration provisions as the means to resolve a dispute instead of resorting to litigation.  Certain owners prefer to resolve their disputes with contractors through arbitration and certain contractors, likewise, prefer to resolve their disputes with subcontractors through arbitration.  

CAREFUL DRAFTING OF PAY-WHEN-PAID PROVISIONS

Posted on 27 November, 2011
The pay-when-paid provision is an important aspect of a contractor’s subcontract.  Under this provision, the risk of an owner’s nonpayment to a contractor for a subcontractor’s scope of work is shifted to the subcontractor.  In other words, a contractor is not responsible for...

CONTRACTORS AND SUPPLIERS-DO NOT NEGLECT THE NOTICE REQUIREMENTS IN FLORIDA’S LIEN LAW

Posted on 9 October, 2011
Oftentimes, subcontractors, suppliers, and sub-subcontractors rely on companies to serve the statutory notices that are prerequisites to preserving a lien or bond claim under Florida's Lien Law in the event of nonpayment.  However, if these notices are not served in accordance with Florida’s Lien Law,...

OWNERS DEFENDING A LIEN – ESPECIALLY A PATENTLY FRAUDULENT LIEN

Posted on 2 October, 2011
Owners are sometimes in a difficult position and predicament when an entity wrongly records a claim of lien on their real property and forecloses on the lien. The owner is forced to defend the lien foreclosure claim that it contends was improperly filed and fraudulent...

CLARIFYING TERMS OF A RELEASE AND STANDARD OF CARE WHEN SUING A DESIGN PROFESSIONAL — BOTH TOUCHED UPON IN NEW FLORIDA CASE

Posted on 12 September, 2011
The recent decision of Alderman v. BCI Engineers & Scientists, Inc., 2011 WL 3862094 (2d DCA 2011), implicitly underscores two important concepts.  First, it underscores the importance of clarifying releases of claims applicable to construction issues, especially if a party wants to be...