Construction Contracts

20 Jan, 2019

Construction Releases Are Contracts

2019-02-16T11:11:00-05:00January 20th, 2019|Categories: Construction Contracts|Tags: |

In Spectrum Interiors, Inc. v. Exterior Walls, Inc., 2 So. 3d 1093 (Fla. 5th DCA 2009), Spectrum Interiors, Inc. (“Subcontractor”) was a subcontractor that subcontracted the stucco scope of work to the sub-subcontractor Exterior Walls, Inc. (“Sub-subcontractor”). Sub-subcontractor filed suit for non-payment. Subcontractor defended on a release that Sub-subcontractor had given. In the release, Sub-subcontractor represented that it: 1. had been paid in full through September 30, 2003; 2. did not [...]

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 [...]

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 [...]

7 Sep, 2014

Worthless Check Case

2019-02-16T07:32:57-05:00September 7th, 2014|Categories: Construction Contracts|

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 [...]