Constructing licensing is governed under Florida Statutes Chapter 489. Under Florida Statute s. 489.128, an unlicensed contractor has NO rights or remedies. Stated differently, an unlicensed contractor is “sh*t out of luck!”.   However, what’s been complicated, and it really shouldn’t be, is what contractors need...

A non-construction case touches upon important considerations regarding arbitration and agency principles. Agency principles matter and while this case deals with agency principles relative to arbitration, the principles can be extrapolated to a variety of scenarios.

Here are the key facts in the...

A contract is a contract. It should say what it means and means what it says.  A release is construed like a contract. A change order or bilateral modification is construed like a contract. The decision out of the United States Court...

The Spearin doctrine is a doctrine in the construction industry that broadly means the owner impliedly warrants the constructability of the plans and specifications given to the contractor. This implied warranty attaches to a design specification, but not a performance specification. A question arises as...

A note on subrogation.

There are two types of subrogation recognized in Florida: (1) conventional subrogation; and (2) equitable subrogation.

“‘Conventional subrogation arises or flows from a contract between the parties establishing an agreement that the party paying...