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“NO DAMAGE FOR DELAY” PROVISIONS AND THE EXCEPTIONS

Posted on 21 November, 2014
Contractors and subcontractors should be familiar with “no damage for delay” provisions.  These are contractual provisions that limit the contractor’s remedies for a delay to an extension of time ONLY, and disallow the contractor from being entitled to extended general conditions (overhead) for...

DOWNSIDE OF A BROAD ARBITRATION PROVISION

Posted on 14 November, 2014
In Sunsplash Events Inc. v. Robles, 39 Fla. L. Weekly D2368a (Fla. 4th DCA 2014), the plaintiff entered into an employment agreement with the defendant. The employment agreement contained an arbitration provision that read, “he Parties hereby agree and specifically stipulate that all...

HELPFUL PROVISIONS IN FLORIDA’S LOCAL GOVERNMENT PROMPT PAYMENT ACT

Posted on 10 November, 2014
Florida’s Local Government Prompt Payment Act (Florida Statute s. 218.735) contains helpful provisions to contractors and subcontractors working on local government projects (or projects that are neither owned by a state agency nor private entity that would be governed under different prompt payment...

INCLUDING IN YOUR ARBITRATION CLAUSE THAT ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION

Posted on 8 November, 2014
The American Arbitration Association (known as “AAA”) is a well-recognized organization that administers binding arbitration.  AAA has its own set of developed arbitration rules and procedures that must be followed in a construction arbitration referred as the Construction Industry...

SUBMITTING A “CLAIM” UNDER THE CONTRACT DISPUTES ACT

Posted on 6 November, 2014
The case of Delaware Cornerstone Builders, Inc. v. U.S., 117 Fed.Cl. 539 (Fed.Cl. 2014) exemplifies what happens if a federal government contractor fails to properly submit a claim in accordance with the Contract Disputes Act (41 U.S.C. s. 7101 en seq.).  As reflected below,...