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  • CONSTRUCTION SCHEDULING IS AN IMPORTANT TOOL

    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 ...

    Florida Construction Legal Updates- 12 readers -
  • WHAT IS A FRAUDULENT LIEN?

    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 ...

    Florida Construction Legal Updates- 14 readers -
  • CHALLENGES OF AN ORAL CONTRACT OR THE “HANDSHAKE DEAL”

    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 ...

    Florida Construction Legal Updates- 12 readers -
  • BECOMING A PERSONAL GUARANTOR BY EXECUTING THE PERSONAL GUARANTEE

    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.

    Florida Construction Legal Updates- 12 readers -
  • USING THE YARDSTICK TEST TO PROVE LOST PROFIT DAMAGES

    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 ...

    Florida Construction Legal Updates- 10 readers -
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