Contract Drafting

  • COMPLY AND UNDERSTAND CONTRACTUAL CONDITIONS PRECEDENT

    … Contracts oftentimes contain conditions precedent to payment or another affirmative obligation. The condition precedent needs to occur to trigger a party’s obligation to perform. If the condition precedent does not occur, then the obligation to perform is never triggered. Contracting parties need to understand and appreciate conditions…

    Florida Construction Legal Updates- 10 readers -
  • WHICH CONSTRUCTION CONTRACT SHOULD I USE?

    … of that presentation is below. Download (PPTX, 239KB) Please contact David Adelstein at dma@katzbarron.com or (954) 522-3636 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1. This entry was posted in Contract Drafting, Uncategorized and tagged construction contract, industry form contract by David Adelstein. Bookmark the permalink.…

    Florida Construction Legal Updates- 10 readers -
  • INDUSTRY FORM CONTRACTS SERVE AS A TEMPLATE FOR YOUR CONSTRUCTION CONTRACT

    …, but they still require modifications based on the objectives of the parties and the preferred project delivery method. Download (PDF, 196KB) Please contact David Adelstein at dma@katzbarron.com or (954) 522-3636 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1. This entry was posted in Contract Drafting and tagged AIA, ConsensusDocs, construction contract, DBIA, EJCDC, industry form contract by David Adelstein. Bookmark the permalink.…

    Florida Construction Legal Updates- 11 readers -
  • PRIME CONTRACT DRAFTING AND NEGOTIATION

    … to the project. Below is an example of a spreadsheet of owner and contractor considerations with respect to the drafting and negotiation of a prime contract. Download (PDF, 84KB) Please contact David Adelstein at dma@kirwinnorris.com or (954) 759-0026 or (407) 740-6600 if you have questions or would like more information regarding contract drafting and negotiation. You can follow David Adelstein on Twitter @DavidAdelstein1 and Facebook at Florida Construction Legal Updates. …

    Florida Construction Legal Updates- 13 readers -
  • PERSONAL GUARANTOR CANNOT ESCAPE A PERSONAL GUARANTEE BY…

    … In a prior article, I discussed the point that a personal guarantor cannot escape a contractual requirement of a personal guarantee merely by executing the guarantee as a corporate officer. The recent decision Frieri v. Capital Investment Services, Inc., 41 Fla. L. Weekly D1189a (Fla. 3d DCA 2016) illustrates this point. In this case…

    Florida Construction Legal Updates- 9 readers -
  • QUICK NOTE: DON’T NEGLECT CONDITIONS PRECEDENT TO PAYMENT IN YOUR CONTRACT

    …) 759-0026 or (407) 740-6600 if you have questions or would like more information regarding the contents of this article You can follow David Adelstein on Twitter @DavidAdelstein1 and Facebook at Florida Construction Legal Updates. This entry was posted in Contract Drafting and tagged conditions precedent, payment bond, payment conditions precedent, release, waiver by David Adelstein. Bookmark the permalink.…

    Florida Construction Legal Updates- 18 readers -
  • UNDERSTAND PROJECT DELIVERY METHODS SO THAT YOU SELECT A METHOD THAT BEST MEETS YOUR NEEDS

    … is for an owner to select the project delivery method that will best bring it value including allocating responsibility of the design and construction to those best equipped to manage and handle that responsibility. Learn more about the following project delivery methods by analyzing the considerations of each project delivery method n the attached primer: 1. Design-bid-build 2. Multi-prime 3. Design-build 4. CM-agency 5. CM-at risk 6. Integrated project delivery 7. Public private partnership Download (PDF, 98KB) …

    Florida Construction Legal Updates- 18 readers -
  • GENERAL UNDERSTANDING OF CONSTRUCTION PROJECT DELIVERY METHODS

    … Even hear the expression, “there are many ways to skin a cat?” Of course you have! Well, this express can apply to construction as there are many ways to build a project to accomplish the same objective–to deliver a completed project. The various ways projects are delivered are oftentimes referred to as construction project delivery methods…

    Florida Construction Legal Updates- 9 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…

    Florida Construction Legal Updates- 12 readers -
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