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Category Archives: Construction Litigation

Legal5

Collapse Of Residential Building Near Miami Beach Spurs Questions Of Construction Quality

By Michael Pike and Daniel Lustig |

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 »

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Lawsuit5

Use It Or Lose It: Claim Preclusion And Res Judicata

By Michael Pike and Daniel Lustig |

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 »

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Raffle

Can A Nonprofit Legally Run A Raffle Or Lottery? With Restrictions, Yes…

By Michael Pike and Daniel Lustig |

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 »

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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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