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 [...]

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 [...]

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. [...]

In Florida, There Can Be an Upside to Bounced Checks A statutory tool that is sometimes applicable in collections actions is the worthless check statute. The statute provides that, where a person makes payment with a check or debit card but the paying institution refuses the check or debit card transaction because of lack of funds, lack of credit, or lack of an account, or because the person making payment stops [...]