Don’t ignore dispute resolution provisions in a construction contract.  Sometimes, you may want to.  But dispute resolution provisions should be one of the first provisions you look to when a dispute arises recognizing these provisions will be raised if you fail to comply.  Not only will they be...

Although a personal injury case, the recent opinion in Garcia v. Southern Cleaning Service, Inc., 48 Fla.L.Weekly D977a (Fla. 1^stDCA 2023) raises an interesting issue regarding nondelegable duties owed to third persons applicable in negligence actions.  Remember, in order for there to be a negligence claim,...

If a construction lien is recorded against real property, the lien can be transferred to a lien transfer bond.  This transfers the security or collateral of the construction lien from the real property to the lien transfer bond. The lien transfer bond can be a bond...

If you want a case that goes into history of the federal Miller Act, check out the Fourth Circuit Court of Appeal’s opinion in U.S. ex rel. Dickson v. Fidelity and Deposit Company of Maryland, 2023 WL 3083440 (4^th Cir. 2023). While I am not going to delve into this...

On April 13, 2023, Florida’s all-important four-year statute of limitations--Florida Statute s. 95.11(3)(c)--relating to actions founded on construction of an improvement of real property was modified.  This is a key statute of limitations for ALL construction practitioners because it also includes the statute...