Category Archives: Construction Litigation
Contractors and Employees: Know the Difference
The words employee and independent contractor are often thrown about haphazardly. But doing so can have serious legal consequences. That’s because some laws apply to employees, but not to independent contractors. But when an independent contractor isn’t provided with rights under federal laws, and then it turns out that you misclassified that contractor and… Read More »
Key Steps in the Commercial Litigation Process: From Filing to Resolution
Commercial litigation can be a complex and time-consuming process. Resolving legal disputes between businesses or individuals related to business matters through the court system should only be handled by experienced business litigation attorneys, as the litigation process can vary based on jurisdiction and the specifics of the case. However, it is important to understand… Read More »
Another Win For Pike & Lustig: $23.8 Million Verdict Returned In Broward County For Construction Laborer
The case of Jovani Verduzco, a 22-year-old inexperienced construction laborer, whose legs were violently pinned between a front loader machine and bucket on a Davie construction site back in April 2016, was horrifying to all who witnessed the hour-plus rescue broadcast on live television. Mr. Verduzco was injured while attempting to operate a Bobcat… Read More »
Understanding The Statute Of Limitations On Construction Lawsuits
There is no simple answer for what the Statute of Limitations is on construction litigation cases. Many of the classifications depend on the type of construction lawsuit you are filing, whether it be against a contractor, construction company or property owner. Florida Statute 95.11 breaks down the “Limitations other than for the recovery of… Read More »
Collapse Of Residential Building Near Miami Beach Spurs Questions Of Construction Quality
News of the partial collapse of a 12-story residential building in Surfside, Florida during the early morning of June 24 has spread nationally due to its horrific and puzzling nature. One hundred fifty-nine people remain unaccounted for as rescue crews battle severe weather during their attempts to find survivors amid the rubble. The investigation… Read More »
Use It Or Lose It: Claim Preclusion And Res Judicata
There’s an old saying that if at first you don’t succeed try and try again. But in law, a better saying would be that you get one bite at the apple. That’s because in lawsuits, you put your claims and defenses forward in a lawsuit or risk being able to assert them later on…. Read More »
Can A Nonprofit Legally Run A Raffle Or Lottery? With Restrictions, Yes…
Gambling in Florida is, for the most part, illegal. Your business would probably never consider opening a gambling operation or a sports book. But when you look around you may notice that nonprofit organizations use gambling as a fundraiser all the time, in the form of lotteries and raffles. So how is this possible… Read More »
Common Construction Defects in Florida
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 »
Florida Appeals Court Stops Clay County Airport From Recovering Damages for Shoddy Construction
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 »
Florida Construction Contracts: What is a Change Order?
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 »