All Posts

11th Circuit Affirms Delay Damages Award to Subcontractor on Federal Project despite "No-Damages-For-Delay" Provisions in Contract

December 5, 2024 Jason Lambert

11th Circuit affirms delay damages award to subcontractor despite the existence of a “no-damages-for-delay” provision in the subcontractor agreement, finding that general contractor was aware of conditions causing delays and potential solutions, but did not enact those solutions. The opinion provides a thorough analysis of the types of damages awardable under these provisions and the causal link necessary to prove delay damages.

Court Affirms $638,000 Award for Improper Stoppage of Construction Contract by County

January 22, 2022 Jason Lambert

Last week, Florida’s Second District Court of Appeal affirmed a $638,794.10 award for damages in favor of a utility contract, and reversed an award of $177,750 in liquidated damages in favor of the county that hired it. The damages awarded arose from an improper stoppage of work and delay in construction by the county.

Jason Lambert is a Florida licensed attorney who focuses his practice on representing and advising contractors, subcontractors, and material suppliers in the construction industry throughout the state of Florida. Before law school, Jason spent a decade working in the construction industry, primarily as a project manager and operations director for both new construction and remodeling. He also has experience in the wholesale and retail electrical, flooring, and countertop industries.

Most Recent Posts

Featured

Proposed Statute Would Require Employers to Mitigate Heat Exposure for Outdoor Workers

Feb 15, 2025

Proposed SB 510, and related HB 35, would add a new statute to Florida’s general labor regulations laws, directed at employers and employees working in hot, outdoor environments. The proposed statute imposes a number of new responsibilities on employers, including requiring training on heat illness, providing a minimum amount of accessible and free drinking water, and providing access to shade or cooler areas. The If enacted, the statute would take effect October 1, 2025.

Feb 15, 2025

Proposed Statute Would Regulate Unlicensed Home Improvement Vendors

Feb 15, 2025

Proposed HB 117 would create a new section within Florida’s home solicitation sales statutes to impose certain requirements on unlicensed contractors making improvements to residential property. The statute, which applies to contractors who are not required to be licensed under Part I, Chapter 489, Florida Statutes, imposes timelines for starting the work, applying for permits, and continuing work at a project and creates criminal penalties for failing to comply with the statute. If enacted, the statute would take effect July 1, 2025.

Feb 15, 2025

Court Reverses Leave to Assert Punitive Damages Against Road Contractor Over Improper Use of Property as a Staging Area

Feb 13, 2025

Florida’s Third DCA reversed a trial court’s ruling that a property owner could seek punitive damages from a roadway contractor that improperly used the owner’s property as a staging area for construction. While the trial court found that the contractor had acted intentionally, the appellate court noted that to pursue punitive damages against a corporate entity, additional evidence of corporate involvement needed to be presented and was not.

Feb 13, 2025