Articles

7 Jan, 2018

Summary Judgment for Subcontractor on Engineer’s Attempt to Shift Liability for Owner’s Claims that Engineer Breached Contract and Committed Professional Negligence

2019-02-16T06:46:16-05:00January 7th, 2018|Categories: Subcontractors|Tags: , |

In Univ. Cmty. Hosp., Inc. v. Prof’l Serv. Indus., No. 8:15-cv-628-T-27EAJ, 2017 U.S. Dist. LEXIS 26298 (M.D. Fla. Feb. 24, 2017) Florida Hospital Tampa (Owner) had consulting agreements with Professional Service Industries, Inc. (Engineer) to perform soil analysis and recommend for a specific type of foundation in the construction of a new emergency department. Engineer completed the soil analysis and recommended using an auger cast pile system. In its final report [...]

24 Dec, 2017

Statute of Limitations on Performance Bond Claim Begins to Run When Bonded Contractor Defaults on Construction Contract

2019-02-16T06:50:54-05:00December 24th, 2017|Categories: Bonds|Tags: |

In Lexon Insurance Company v. City of Cape Coral, 2017 WL 5759059 (Fla 2d DCA Nov. 29, 2017), the court held that the five-year statute of limitations on a surety bond contract begins to run once the bond principal (typically a contractor) breaches the bonded contract, not when the bond obligee (typically the owner) demands that the surety cure the principal’s default and not when the surety denies the bond claim. [...]

14 Sep, 2017

Impacts of Hurricane Irma on South Florida’s Construction Industry

2019-02-16T06:55:21-05:00September 14th, 2017|Categories: Industry News, OSHA|Tags: |

Likely impacts that Hurricane Irma will have on South Florida’s construction industry include: Strain on availability of construction materials, resulting in increased construction costs. (Does your contract have an escalation clause?) Additional strain on availability of qualified labor Delays in contractor availability to perform work, as contractors (especially roofing contractors) dry-in as many buildings as possible with follow-on repair and installation work being performed as resources become available Increased presence of [...]

15 Aug, 2017

Equitable Reduction of Prejudgement Interest

2019-02-16T06:59:26-05:00August 15th, 2017|Categories: Construction Contracts|

What to know: a winning plaintiff will usually recover interest from the date the debt came due. But, not always. Equitable considerations can result in the complete denial of prejudgment interest. The general rule is that prejudgment interest is simply another element of a plaintiff’s damages that is awarded to make the plaintiff whole. If payment is due to a contractor on July 1, 2014, but payment is not made until [...]

12 Aug, 2017

Subcontractor’s Estimate Replaced by Contractor’s Written Subcontract Agreement

2019-02-16T07:04:00-05:00August 12th, 2017|Categories: Construction Contracts|

Case: Don Facciobene v. Hough Roofing, Inc., 2017 WL 3051578 (Fla. 5th DCA July 21, 2017). What to know: "A contract entered into between two parties can be replaced if the two parties agree. For example, a contract may be formed when a contractor accepts a proposal submitted by a subcontractor; but, if the subcontractor subsequently signs the contractor’s written subcontract agreement that contains a merger clause, the estimate will be [...]

30 May, 2017

2017 Legislative Session – Statute of Repose

2019-02-16T07:08:11-05:00May 30th, 2017|Categories: Industry News|

2017 Legislative Session - Enrolled Amendment to Statute of Repose for Construction Cases In Florida, the time for bringing a lawsuit for construction defects that are latent is “10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional [...]

26 Dec, 2015

Unlicensed Contracting In Florida

2019-02-16T07:12:55-05:00December 26th, 2015|Categories: Developers|Tags: |

Taylor Morrison Services, Inc. V. ECOS Florida unlicensed contracting lawyer Robert S. Tanner, Esq. The Short Story Unlicensed contracting is a common claim and, certainly a more common occurrence, in Florida. It is illegal and often leads to severe disappointment or financial setbacks for the person who hired the unlicensed contractor. Here are some things to know about Florida law concerning unlicensed contracting: An unlicensed contractor may be liable for three [...]

10 Mar, 2015

Florida’s Local Government Prompt Payment Act

2019-02-16T07:17:15-05:00March 10th, 2015|Categories: Construction Contracts, Construction Liens|

By: Robert S. Tanner, Esq. Florida Bar Board Certified Construction Lawyer</em Cash flow is an important aspect of a contractor’s financial evaluations and forecasts.[1] An owner’s failure to pay timely can break a contractor. Florida law provides contractors with a statutory right to prompt payment. In this article we will look at the contractor’s right to prompt payment on local government projects. Overview Owners sometimes withhold monies beyond retention and undisputed [...]

18 Jan, 2015

Construction Contract Provision

2019-02-16T07:22:47-05:00January 18th, 2015|Categories: Construction Contracts|

Noteable Construction Contract Provision: Architect as Final Decision Maker By: Robert S. Tanner, Esq. Florida Bar Board Certified Construction Lawyer Contract provisions appointing an architect or engineer as the “final decision-maker” are not unusual in prime contracts. It is less common for such provisions to appear in subcontracts. Trial Court Ignores “Final” Part of Architect’s Determination However, such a provision in a subcontract was at issue in James A. Cummings, Inc. [...]

17 Oct, 2014

Material Suppliers – Contract Term Requiring Notice of Termination

2019-02-16T07:29:21-05:00October 17th, 2014|Categories: Construction Contracts, Material Suppliers|

If your contract does not include a requirement for notice of termination, the law still might require the notice. “Look, the contract says nothing about it, so I cannot be required to do that!” Maybe. But, maybe not. Within the UCC (Sales) there are provisions that supplement the terms of a contract, or will be read into a contract, if the contract does not contain terms addressing the particular subject. For [...]