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Category Archives: Construction Litigation

ConstDefect

Common Construction Defects in Florida

By Michael Pike and Daniel Lustig |

A construction defect is typically defined as a flaw in design, materials, or workmanship that results in a failure of at least one component of a structure. Property owners have a right to seek financial compensation for damages caused by a construction defect. Notably, under Florida Law (Florida Statutes Chapter 558), property owners are… Read More »

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ConstrLitig

Florida Appeals Court Stops Clay County Airport From Recovering Damages for Shoddy Construction

By Michael Pike and Daniel Lustig |

On November 27th, 2018, the First District Court of Appeal for the State of Florida prevented a Clay County airport from recovering financial compensation for allegedly shoddy construction work that was performed and inspected by a private contractor. In the case of Keystone Airpark Authority v. Pipeline Contractors, Inc., a Florida etc., et al.,… Read More »

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ConstructionLaw

Florida Construction Contracts: What is a Change Order?

By Michael Pike and Daniel Lustig |

Construction contracts are notoriously complex. When negotiating this type of agreement, it is not always easy for the parties to perfectly define the scope of the work that is to be performed. In many cases, contracts will need to be amended during the development. This can be done through a process commonly referred to… Read More »

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ConstLiti

Florida Construction Liens: Defining the Last Day that Work Was Performed

By Michael Pike and Daniel Lustig |

A construction lien (also called a ‘contractor’s lien’ or ‘mechanic’s lien’) is a powerful collection debt tool. If a construction company has not been paid for its work or materials, it can place a lien against the property that was created or improved. In placing a construction lien, there are many different legal requirements… Read More »

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ConstructLitig

Florida Supreme Court Issues Important Ruling in Construction Defect Notice Case

By Michael Pike and Daniel Lustig |

Recently, the Supreme Court of Florida issued an important decision in a case that centered on construction defect notices. In Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, the state’s highest court ruled that Florida’s pre-lawsuit notice and repair process constituted a claim, and thus was required to be recognized by the… Read More »

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Legal3

Florida Construction Contract Law Has Been Amended to Address a ‘Gap’

By Michael Pike and Daniel Lustig |

Earlier this year, Florida law regarding construction contracts was amended in order to address a ‘gap’ in the state’s statutes. Specifically, the state legislature modified Florida Statute 95.11(3)(C) to clarify when the statute of limitations begins to ‘run’ in certain types of contract disputes. This amendment became necessary after the state’s Fifth District Court… Read More »

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ConstruPlans

Construction Delay Lawsuit Filed in Relation to ‘All Aboard Florida’ Train Project

By Michael Pike and Daniel Lustig |

In 2013, All Aboard Florida applied for and received federal funding to build a high speed passenger train service called the Brightline. This train line will connect Miami to Orlando, with several stops in South Florida along the route. The first leg of the project, from Miami to West Palm Beach, was originally scheduled… Read More »

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ConstructLitig2

Florida Construction Litigation: Fraudulent Liens

By Michael Pike and Daniel Lustig |

In Florida, construction contractors and subcontractors have valuable rights to protect themselves against non-payment and underpayment. Indeed, if Florida construction contractors are not paid for the labor and materials that they provide, then they can use a valuable collection tool known as a construction lien (mechanic’s lien). Under Florida’s construction lien statute, unpaid contractors… Read More »

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ConstLiti

Florida Construction Law: Lien Transfer Bonds

By Michael Pike and Daniel Lustig |

Construction law in Florida is notoriously complex. Understanding just how the state’s construction lien statute applies to real world cases can be incredibly challenging. To ensure that contractors and subcontractors that operate within the state are able to protect their rights, our experienced West Palm Beach construction law attorneys have put together a quick… Read More »

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ConstructLitig

Florida House Bill 599 Becomes Law on July 1st, 2017: What it Means for Construction Companies

By Michael Pike and Daniel Lustig |

On June 15th, 2017, Florida Governor Rick Scott signed House Bill 599: Public Works Projects into law. This legislation will officially become effective on July 1st, 2017. The law was heavily favored by construction companies, and received vocal support from Associated Builders and Contractors (ABC), one of the nation’s largest construction industry largest trade… Read More »

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