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Construction Project Notice and Documentation: The Sword and the Shield

February 27, 2020 Construction Industry Legal Blog, Florida Business Litigation Blog

Almost every construction contract or subcontract contains provisions regarding the manner in which notice must be provided to the other party under the contract regarding significant issues on the construction project, including delays, unforeseen conditions, or other claims.  Compliance with such notice requirements, together with contemporaneous documentation during the project, […]

Do Construction Contract Contingent Payment Clauses Mean What They Say? A Guide for Contractors and Subcontractors

November 19, 2019 Construction Industry Legal Blog

Assume you are a subcontractor working on a project to build a large multi-family apartment complex.  You’ve timely and properly performed your work and have submitted monthly pay applications that have been accepted by the contractor and the owner.  However, the owner has recently encountered financial difficulties.  Because of this, […]

Construction Professionals: You can Still be Forced to Arbitrate Outside of Florida

October 2, 2019 Construction Industry Legal Blog

Construction professionals who work on large commercial projects are probably familiar with the ins and outs of arbitration clauses that appear in many construction contracts. They may even be familiar with the Florida Statute, § 47.025, that prohibits contractual clauses that require any legal action, including arbitration, involving a Florida […]

The Big Picture on Bid Protests

September 26, 2019 Construction Industry Legal Blog

Bid Protests: Understanding of the Basic Framework Your company just found out that the major multi-million dollar government contract that you spent weeks preparing your best and most competitive bid for has been awarded to another company.  You know your company has the experience and qualifications to do the work, […]

What Construction Professionals Need to Know When Performing Work on Commercial Real Estate

September 24, 2019 Construction Industry Legal Blog

Construction professionals performing work for tenants in a commercial properties face unique challenges.  The construction professional doesn’t want to pass up a good job, but his or her lien rights are limited. As a result, construction professionals want to make sure that they understand how Florida’s already complicated lien law […]

2019 Amendments to Florida’s Riparian Rights Rules (Otherwise Known as Chapter 18-21, F.A.C.)

September 6, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

Waterfront property is something that has attracted millions of residents to Florida over the years.  Whether it be a single-family home, a large homeowners association, a vibrant condo association or a busy commercial marina, the right to utilize the water that lies immediately adjacent to upland property is a long-standing […]

House Bill No. 7103 – Affordable Housing, Development Review & Impact Fees, Oh My!

August 14, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

During the 2019 legislative session, State Representative Jason Fischer introduced and sponsored House Bill No. 7103.  The proposed bill contained language that amended various state statutes, all dealing with development in Florida.  On June 28, 2019, Governor Ron DeSantis signed the bill into law.  While the bill is not controversial, […]

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