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Recent Posts

VIOLATION OF THE BUILDING CODE IS A QUESTION OF LAW

Posted on 25 December, 2015
In construction defect disputes, oftentimes the owner (or developer or association, as may be applicable) will assert a claim against the general contractor, and perhaps, subcontractors for a violation of the building code.  Such a claim is authorized pursuant to Florida...

CALCULATING EXTENDED GENERAL CONDITIONS (FIELD OVERHEAD) ASSOCIATED WITH A DELAY

Posted on 19 December, 2015
You are a general contractor.  The project has been delayed 200 calendar days.  You contend the owner and the owner’s consultants caused delays to the critical path.  You submit a claim for

CONSTRUCTION CONTRACTS AND APPLICATION OF PAROL EVIDENCE RULE TO CLARIFY LATENT AMBIGUITY

Posted on 12 December, 2015
The parol evidence rule is a need-to-know rule of law when it comes to cases that involve the rights, liabilities, and remedies of parties under a written agreement.  As explained in this article, the parol evidence rule is designed...

IMPLIED COVENANT OF GOOD FAITH & FAIR DEALING ATTACHES TO EVERY CONTRACT

Posted on 5 December, 2015
There is an implied covenant of good faith and fair dealing in every contract.  Meruelo v. Mark Andrews of Palm Beach, Ltd., 12 So.3d 247, 251 (Fla. 4th DCA 2009).  “Its purpose is to protect the reasonable expectations of the contract...

COBLENTZ AGREEMENT AND ALLOCATION OF DAMAGES IN CONSENT JUDGMENT

Posted on 28 November, 2015
I previously discussed Coblentz agreements.  A Coblentz agreement is an agreement between a claimant (e.g., property owner) and a third-party (e.g., general contractor that caused construction defects and damage) when the third-party’s liability insurer denies a defense (and coverage) to the...