Florida’s Fifth District Court of Appeal found that the contract between the parties required the general contractor to exhaust county administrative dispute resolution procedures prior to filing a lawsuit and could potentially result in a waiver of claims not presented through the administrative dispute resolution process.
Read moreRecent Court Decision Confirms Measure of Damages in Construction Cases and Awards Homeowner $40,850 Over Failure to Pull Proper Permits
Last week Florida’s Fourth District Court of Appeal issued an opinion the described and confirmed the ways breach of contract damages can be calculated in construction disputes and allowed termination of a contract for failure to pull proper permits. This case serves as a good reminder to do things the right way and has some great discussion of the type of information contractors should expect to provide in court over a payment dispute.
Read moreSubsequent Purchaser Not Required to Arbitrate Claims Over Construction Defects
In a decision released yesterday, the Fourth District Court of Appeal held that a second purchaser of a new construction home was not required to arbitrate its claims for construction defects, despite receiving an assignment of the homebuilder’s warranty from the original purchaser of the home.
Read moreCourt Rules Tile Subcontractor Cannot Litigate Dispute Over Puerto Rican Pool Tile in Florida
With improvements in technology and material transport, it is becoming more and more common for contractors in Florida to work on projects outside of the state and outside of the country. This is particularly true of contractors in specialty trades that possess skills and expertise that may not always be available in other areas. But if problems arise, working outside of Florida may also mean that you have to resolve any disputes where the work was performed.
Read moreAre Your Warranty Issues Subject to Arbitration?
While you may intend for contract disputes to go to arbitration, if you’re using a third-party, structural warranty, the terms of the warranty may prevent that from happening.
Read moreTechniques For Resolving Construction Disputes
With most construction projects involving dozens, if not hundreds, of companies and individuals, it is no surprise that conflicts arise that are not always able to be resolved on the jobsite. But these conflicts need not always reach the court room or cost thousands (or much more) to resolve. With some planning, contractors can build faster and less expensive dispute resolution options into their project so they can spend more time keeping the project moving and less time arguing over who is right.
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