Construction

Lessons Learned: Give Me an Aspirin — Change Work is a Headache

July 9, 2015 | David Salazar
 A Primer on the difficulties a Contractor Faces When Dealing With Change Work (published in the Magazine for the University of Florida’s School of Building Construction) Click Here to View Article A. The Traditional Setting[...]

Implied Warranty of Fitness and Merchantability: Maronda Homes v. Lakeview Reserve

July 9, 2015 | David Salazar
See the full article on CSK's Florida Construction Law Update The Florida Supreme Court recently issued an opinion in the Maronda Homes case[1] and broadened the common law implied warranty of fitness and merchantability, also known[...]

Appellate Rights for Arbitration Litigants

July 14, 2014
As those in the industry are aware, the standard AIA documents – as well many of the other form contracts in construction – include arbitration provisions, the result of which is that many construction matters[...]

Preserving Coverage Defenses – The Latest Word

July 14, 2014
For an insurer, numerous obligations are triggered upon notification of the existence of a claim.  One of these is when a coverage defense can be asserted.  The United States Court of Appeals for the Eleventh[...]

Subpoenas in Arbitration: Not as Easy as One Would Think

July 14, 2014
Numerous construction contracts and subcontracts include provisions requiring the parties to arbitrate their disputes, either in lieu of litigation or as a condition precedent to trial.  Arbitration is a preferred means of alternative dispute resolution[...]

Bid Shopping Still in Vogue, Ask the Subcontractor

July 14, 2014
            The crude reality for most construction subcontractors is that after expending much time, effort and resources in preparing the lowest bid for a general contractor that is, itself, bidding a construction project, the general[...]

Is the Futility Doctrine Futile?

July 14, 2014
The construction industry is not only riddled with a web of technical rules, regulations, and contractual scenarios, the lawyers in this industry often rely on such technicalities to prevail in litigation on behalf of their[...]

Is the Futility Doctrine Futile?

July 14, 2014
The construction industry is not only riddled with a web of technical rules, regulations, and contractual scenarios, the lawyers in this industry often rely on such technicalities to prevail in litigation on behalf of their[...]

S.O.L on Claims Against Subcontractors for Latent Defects

July 14, 2014
The case of Joel and Marcia Hochberg v. Thomas Carter Painting, Inc., 36 Fla.L. Weekly D1200f, addresses the point of time at which the statute of limitations begins to run in latent defects cases.  In 2000,[...]

When It’s Necessary to Present Expert Testimony of Industry Standard to Establish the Standard of Care in Negligence Actions: The Case of the Roofer

July 14, 2014
The United States Court of Appeals for the Eleventh Circuit recently issued an opinion which has, in essence, confirmed the steps necessary in establishing a negligence action against a roofer in Florida.  While the standard[...]