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Recent Posts

KNOW YOUR BID PROTEST RIGHTS

Posted on 7 October, 2014
If you are a contractor that works on Florida public construction projects, then you understand that public projects are competitively solicited through a procurement method such as an invitation to bid, a request for proposals, or invitation to negotiate.  Irrespective of the procurement method, a...

CONVERTING THE DREADFUL TERMINATION FOR DEFAULT INTO A TERMINATION FOR CONVENIENCE

Posted on 5 October, 2014
Contractors, whether prime contractors or subcontractors, terminated for default (also known as termination for cause) want to convert that termination for default into a termination for convenience.   The termination for default ultimately means the contractor materially breached the contract and would be liable...

CONSTRUCTION CONTRACTS AND YOUR “ORDER OF PRECEDENCE” CLAUSE

Posted on 28 September, 2014
During the negotiation of construction contracts there is often consideration as to the priority of the Contract Documents.  In other words, in the event of a conflict with the Contract Documents, what is the priority that you want to govern the conflict?  To address this,...

NOT SO FAST DEVELOPER WITH YOUR CREATIVE EFFORT TO WIPE OUT THE CONTRACTOR’S (INFERIOR) LIEN!

Posted on 21 September, 2014
Two things are certain in construction: (1) developers will obtain construction loans to finance the construction of their project and (2) there will unfortunately be bad projects where the developer’s lender forecloses on the (first priority) mortgage given in connection with the construction...

THE “PRIMARY AND NONCONTRIBUTORY” INSURANCE REQUIREMENT

Posted on 19 September, 2014
If you were ever involved in a construction defect claim or lawsuit, you may have heard the phrase “primary and noncontributory” when referring to YOUR insurance coverage.  Or, you may have come across this phrase when discussing with your insurance broker...