Effective October 1, 2023, there were changes to Florida's statutory scheme dealing with construction projects. This includes Florida's Lien Law. A copy of these changes can be found below which identify additions in blue and deletions with strikethroughs.  No different than before, if you have questions or concerns as to...

Can the doctrine of res judicata bar an owner’s claim against the general contractor after the owner also sued and obtained a satisfied judgment against the subcontractor when there are identical, overlapping damages pursued in separate lawsuits.  A recent case says, not really. In Pickell v. Lennar Homes, LLC, 48 Fla.L.Weekly...

I’ve said this before, and I’ll say it again: arbitration is a creature of contract. If you don’t want to arbitrate, don’t agree to an arbitration provision as the means to resolve your dispute. Now, with that said, there are times you may not have a choice. An arbitration provision...

Remember this: complying with contractual conditions precedent to payment is important. There is a reason why construction contracts include contractual conditions precedent to payment. The contract does not include this language for sh*ts and giggles. This language is included to establish what is required of the payee before payment becomes...

Last week, I discussed a case (here) that involved a federal district court (trial court) denying a motion to dismiss on a negligent supervision claim. In this same case, the plaintiff, a subcontractor/fabricator, also sued the defendants--parent company of a prime contractor and two entities the prime contractor...