Category Archives: Construction Litigation
Florida Supreme Court Issues Important Ruling in Construction Defect Notice Case
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 »
Florida Construction Contract Law Has Been Amended to Address a ‘Gap’
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 »
Construction Delay Lawsuit Filed in Relation to ‘All Aboard Florida’ Train Project
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 »
Florida Construction Litigation: Fraudulent Liens
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 »
Florida Construction Law: Lien Transfer Bonds
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 »
Florida House Bill 599 Becomes Law on July 1st, 2017: What it Means for Construction Companies
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 »
Florida Construction Law: Dealing With Delays
What do property owners, developers, construction companies, subcontractors, suppliers, consumers and city officials all have in common? No one likes construction delays. There is no doubt about it: these delays frustrate everyone, even parties who are not even really involved in the project itself. For those companies and individuals who actually have money at… Read More »
Florida Construction Law: ‘Pay-if-Paid’ and ‘Pay-when-Paid’ Clauses Explained
The construction industry is more complex than it has ever been. In the modern business world, most large and mid-sized construction projects must be completed by several different contractors and subcontractors. Notably, payment for a construction project often flows downstream. This means that the primary contractor actually gets paid, and then, in turn, pays… Read More »
Florida Court Rules Against Trump Golf Course in Construction Lien Case
No stranger to the headlines, President Donald Trump recently found himself in the news after his company lost a Miami-Dade County construction lien dispute. On April 12th, 2017, Florida’s Third District Court of Appeal issued a ruling in the case of Trump Endeavor LLC v. Fernich, Inc. d/b/a The Paint Spot. The appeals court… Read More »
Miami High Rise Condos the Subject of Construction Defect Lawsuit
The Vizcayne condo complex is made up of a pair of forty-nine story luxury buildings that overlook the Biscayne Bay. According to reporting from The Real Deal, this condo facility is once again the subject of litigation. Specifically, the condo’s southern tower has filed a lawsuit against more than a dozen different construction companies…. Read More »
