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Recent Posts

SUBCONTRACTORS: MAKE SURE YOU DILIGENTLY REVIEW THE CONTRACT DOCUMENTS

Posted on 28 January, 2016
Subcontractors: make sure you review, and I mean review, the contract documents (drawings and specifications) and estimate properly.  Seek clarification or submit an RFI if there is a conflict in the drawings and specifications. If you do not, you could be responsible for...

BURDEN OF PROOF CHALLENGING ASSESSMENT OF LIQUIDATED DAMAGES

Posted on 23 January, 2016
A contractor is working on a project that includes a contractual liquidated damages provision.  The liquidated damages provision says the contractor is liable for $2,000 per day in liquidated damages if the contractor does not achieve substantial completion by January 1,...

TIMELY FILE YOUR MILLER ACT PAYMENT BOND LAWSUIT

Posted on 15 January, 2016
If you are a subcontractor, sub-subcontractor, or supplier on a federal construction project, please make sure to preserve your Miller Act payment bond rights.  This includes filing suit in a federal district court against the payment bond...

CONSULTANTS’ COMPETITIVE NEGOTIATION ACT (“CCNA”) PRIMER

Posted on 9 January, 2016
Florida Statute s. 287.055 is known as the Consultants’ Competitive Negotiation Act (“CCNA”).  This Act governs a public entity’s acquisition of professional architectural, engineering, landscape architecture, and surveying and mapping services.  Applicable here, it indirectly applies to the procurement...

CGL INSURER LIABLE FOR ATTORNEY’S FEES JUDGMENT AGAINST INSURED

Posted on 3 January, 2016
Commercial general liability (CGL) policies contain a section called “Supplementary Payments – Coverages A and B.”   This section states in relevant part:  
1.  We will pay, with respect to any claim we investigate or settle, or any “suit” against an insured...