Call us: 305.350.5300

Florida Construction Law News

24OCT 2012

The Benefits of Written Arbitration Agreements in an Online World

by Sherry Schwartz

In an increasingly digital and cost-conscious business environment, many companies in the construction industry may desire to provide its terms and conditions for dispute resolution in arbitration to its customer electronically by posting those terms on the Internet, rather than providing a hard copy of same. This practice may also enable businesses to achieve better Read More…

16OCT 2012

Massive Cost Overruns at World Trade Center Project – Unfortunate Situation for Contractors on a Meaningful Project

by Sanaz Alempour

Thousands gathered on September 11, 2012 at the World Trade Center site in New York, which marked the 11th anniversary of the September 11th terrorist attacks.  Although the construction of the World Trade Center project is not nearly complete, the construction of the One World Trade Center, a 104-story building, has begun to fill the Read More…

28SEP 2012

CSK Trial Win

by CSK Construction Group

George Truitt and Daniel Levin recently defended an architect and his firm against a claim by a homeowner relating to the design of the HVAC system in an 8,000 square foot, custom home on the Intracoastal Waterway in Miami, Florida.  The owner claimed that the system was deficiently designed so that it was not able Read More…

17JUL 2012

Appellate Rights for Arbitration Litigants

by Daniel Klein

            As those in the industry are aware, the standard AIA documents – as well many of the other form contracts in construction – include arbitration provisions, the result of which is that many construction matters are litigated in arbitration fora. While arbitration is theoretically not as expensive a means of dispute resolution as the Read More…

14JUN 2012

Subpoenas in Arbitration: Not as Easy as One Would Think

by CSK Construction Group

Numerous construction contracts and subcontracts include provisions requiring the parties to arbitrate their disputes, either in lieu of litigation or as a condition precedent to trial.  Arbitration is a preferred means of alternative dispute resolution as it minimizes the time and expense of litigation and, in some cases, a jury trial.  One example of costs Read More…

05JUN 2012

Bid Shopping Still in Vogue, Ask the Subcontractor

by Samuel Padua, Esq.

            The crude reality for most construction subcontractors is that after expending much time, effort and resources in preparing the lowest bid for a general contractor that is, itself, bidding a construction project, the general contractor will take the lowest subcontractor bid and go bid shopping after it is awarded the contract. A subcontractor’s conditional Read More…

29MAY 2012

Is the Futility Doctrine Futile?

by David Salazar, Esq.

The construction industry is not only riddled with a web of technical rules, regulations, and contractual scenarios, the lawyers in this industry often rely on such technicalities to prevail in litigation on behalf of their clients – occasionally contrary to what appears just and fair.  However, from time to time, the courts step up and Read More…

24APR 2012

Insulating Design Professional from Individual Liability

by CSK Construction Group

Since the mid 1980s, the design professional community relied upon Florida Power & Light Company v. Mid-Valley, Inc., 763 F. 2d 1316 (11th cir. 1985) as an accurate statement of Florida law allowing individual design professionals to limit their liability for professional negligence by contract. The design professional world was turned on its head with Read More…

19APR 2012

Contractor’s Home Office Overhead Likely Unrecoverable

by CSK Construction Group

When public construction projects are delayed by the government, contractors are often unable to bid on additional jobs and perform other work during the delay period. As a result, contractors often seek damages from the government for extended home office overhead during this delay, commonly referred to as Eichleay damages. However, courts have continually limited contractors’ ability to recover these costs by imposing burdensome requirements, which Read More…

17APR 2012

Difficulties a Contractor Faces When Dealing with Change Work

by David Salazar, Esq.

The Magazine of University of Florida’s School of Building Construction recently published an article written by David Salazar. The article is a primer on the difficulties a contractor faces when dealing with change order work. Additionally, the article sets forth the inevitable problems a contractor encounters and provides some risk management tips that can help Read More…