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Construction scheduling is an important tool for planning, managing, and forecasting the performance of work on construction projects. Generally CPM (critical path method) schedules, or schedules depicting the project’s critical path, are prepared beginning with the baseline schedule (the initial as-planned schedule) followed by schedule updates (perhaps monthly updates) as ...
What is a fraudulent lien? Just because a construction lien is recorded does not mean the lien is a fraudulent lien. In fact, getting a lien declared a fraudulent lien is not an easy feat. A fraudulent lien is defined in Florida’s Lien Law. Florida Statute s. 713.31(2)(a) states: “Any lien asserted under this part in which the lienor has willfully exaggerated the amount f ...
As they say, a picture is worth a 1,000 words. How about charts and graphics? Check out this chart that summarizes preserving and enforcing construction lien and payment bond rights in Florida. Check out this chart that summarizes Miller Act payment bond rights in Florida in comparison to Florida private and public payment bond rights.
An oral contract is a contract that is not reduced to writing. In certain circumstances, and every disputed circumstance involving an oral contract, it becomes a “he said, she said” as to whether a contract was created and what the terms of the contract entailed. This is why it is always good practice to memorialize contractual terms in writing instead of accepting the “hands ...
I previously wrote an article regarding Florida Statutes Chapter 558 and its pre-lawsuit application to construction defects. In particular, I discussed a claimant’s (e.g., owner) requirement to submit a written notice of construction defects to potentially responsible parties and those parties rights under Chapter 558. When a party (e.g.
I love the Third District Court of Appeal’s recent ruling in a discovery dispute in Kobi Karp Architecture & Interior Design, Inc. v. Charms 63 Noble, LLC, 40 Fla. L. Weekly D1428a (Fla.3d DCA 2015), because its focuses on relevant discovery in a construction dispute. In this case, an architect entered into a contract to perform construction administration services.
The opinion in J&B Boat Rental, LLC v. Jag Construction Services, Inc., 2015 WL 237604 (E.D.La. 2015) provides interesting analysis as to a third tier supplier’s Miller Act claim. In this case, a subcontractor entered into an oral contract with a supplier to provide self-propelled vessels (tugs) to move barges.
It is always good practice for residential contractors to get both husband and wife to sign the residential construction contract. But, even if only one spouse signs the contract, Florida’s Lien Law doesn’t really punish the contractor when its comes to construction liens. Florida Statute s. 713.
Florida’s Lien Law provides an owner, in particular, an infrequently used tool to take advantage of before making a progress payment to a contractor. Previously, I talked about a contractor’s requirement to furnish the owner with a final payment affidavit before foreclosing on its construction lien.
I have previously discussed the challenges a subcontractor has in proving a lost productivity / inefficiency claim. Besides being difficult to prove, subcontractors generally enter into subcontracts that include onerous provisions that foreclose a subcontractor’s right to pursue lost productivity / inefficiency claims.
Suppliers are not ill advised. When they have a contractor execute a credit application so the contractor can procure materials on credit, they generally include a personal guarantee in the credit application. This way they have both the company that ordered the materials and the personal guarantor jointly and severally liable in the event they are not paid for the materials.
An architectural firm has an uphill battle proving a copyright infringement claim. Why? Because it is hard…very hard…for a design firm to show that another’s design is substantially similar to their original copyrighted design to warrant a finding of copyright infringement. This uphill burden has been reaffirmed by the Northern District of Florida in Home Design Services, Inc. v.
It’s all about proving your damages! One category of consequential damages that parties sometimes seek is lost profit damages. Lost profits, though, are one of the most difficult damages to prove. If a party is interested in pursuing lost profit damages (such as when the opposing party materially breaches their contract) it is important to understand the burden and expert tes ...
What is a lost productivity / inefficiency claim? These are claims where a contractor claims it incurred increased labor (and, perhaps, equipment usage) because an event (referred to as an impact) caused it to work inefficiently. There needs to be a causal link between the cause of the impact and the increased labor costs. See Appeals of—Fox Construction, Inc., ASBCA No.
It is time for a very favorable case for an owner that experiences latent defects. In construction defect cases, there is a ten-year statute of repose to sue for latent defects. Specifically, under Florida Statute s. 95.11(3)(c) the “action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupanc ...
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