Few things can dampen the thrill and promise of a newly closed construction deal than the realization that it could quickly become a losing proposition for the contractor depending on economic and other conditions. In an era of instant information, constantly adjusting markets and political extremes, projects that start under one set of assumptions or conditions can occur or conclude under much different ones. While no one has a crystal ball, there are contractual provisions that can provide clear guidance in the face of many “what ifs” that can arise in construction.
Read moreAnatomy of a Remodel Gone Bad
A recent final judgment entered in Miami is a textbook example of what can go wrong when you mix a bad contract, a demanding homeowner, an angry contractor, and a remodeling project gone sideways.
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 moreThree Things to Consider When Buying or Selling a Construction Company →
A Surety Can Rehire the Contractor the Property Owner just Fired
Just because a property owner fires a contractor from a project doesn’t mean the surety can’t hire that contractor to finish the project.
Read moreConstruction Lien Waiver Provisions Contractors Should Be Using
It is common in construction for a subcontractor or material supplier of any tier to be required to provide a lien waiver when receiving payment. But not all lien waivers are created equal. While at a minimum, a lien waiver, by definition, needs to include a release of liens, it can also include many other terms that can tie up loose ends or resolve potential problems before they begin
Read moreContractor Liability for Subcontractor Employee Wages
Contractors may also worry about whether a subcontractor is paying its employees a proper wage and if they can be held liable. There are generally two circumstances where this arises and multiple ways general contractors or higher-tier subcontractors can guard against paying twice for a portion of the work.
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.
Read moreHow to Avoid Personal Liability for a Fraudulent Lien
There are many benefits to using a corporation when operating a construction business. Avoiding personal liability for improper liens is just one of them.
Read moreBuilding Departments Must Accept Building Permit Applications Despite Perceived Issues
While a building official is not required to issue a permit, it is required to accept and review a permit application, even if there are perceived problems with the application.
Read moreTwo Statutes Impacting Contractors Will Not Be Revised For Now
Proposed revisions to two Florida statutes impacting contractors have died in committee. But does this mean more changes are on the horizon?
Read moreUse Caution When Trying to Get Change Orders for Changed Conditions
What happens when you find something unexpected at a project? Be careful how you address them or you could end up in violation of your contract.
Read moreUsing Emerging Technologies Smartly and Properly
Earlier this year I had the opportunity to co-author an article in the American Fire Sprinkler Association’s Sprinkler Age magazine with Chris Johnson, the CEO of Piper Fire Protection. It covers a lot of topics, and I hope you enjoy it.
Read moreSubsequent Owner of Property May be Able to to Sue for Hidden Construction Defects
When a project goes sideways and the parties settle, a subsequent property owner may still be able to sue for latent defects.
Read moreBe Careful What You Contract For - Arbitration Edition
Courts interpret contracts as they are written, so be careful how you craft arbitration and other provisions to ensure your goals are achieved.
Read moreEngineer Inspections Are Not Governed by the Statute of Repose
When an engineer inspects the structural integrity of a home, does it sufficiently relate to the design, planning, or construction of the home to eliminate claims after ten years?
Read moreFlorida's Statute of Limitations and Roof Leaks
What happens when a former client comes back and alleges defective work that the client should have known about?
Read moreIs Marijuana on the Construction Jobsite OK Now?
In many states marijuana is now legal, while it remains illegal under Federal law. How does this impact your jobsites and your responsibilities as an employer?
Read moreTechnology, Contracts, and Jobsite Safety
While there can be no doubt that technology makes construction safer and more efficient, you must also properly account for it in planning and contracting for a project.
Read moreUsing an Assignment of Insurance Benefits to Obtain Payment
Where a project is being funded with insurance proceeds, an assignment of benefits can be a useful tool to ensure payment.
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