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Recent Posts

A “LOSS RUNS” IS…

Posted on 18 August, 2014
Ever hear the terms “loss runs” or “loss runs report?”  These are actually common terms in the insurance industry. Insurance companies generate loss runs reports that reflect a history of the claim activity on your policies.  In other words, loss runs reports document...

DIFFERING SITE CONDITIONS: TYPE I & TYPE II CLAIMS

Posted on 16 August, 2014
It is not uncommon for contractors, especially foundation and civil contractors, to encounter unanticipated site conditions.  These conditions are known as “differing site conditions.”    In government contracting, there is a differing site conditions clause (F.A.R. 52.236-2 shown at the bottom of this posting...

SERVING REQUESTS FOR SWORN STATEMENTS OF ACCOUNT UNDER FLORIDA’S LIEN LAW

Posted on 14 August, 2014
Florida Statute s. 713.16 provides a useful vehicle under Florida’s Lien Law for parties on private projects to serve a Request for a Sworn Statement of Account on another party to potentially deprive: (a) a lienor (contractor, subcontractor, supplier, design professional)...

DON’T INCLUDE AN ARBITRATION PROVISION IN YOUR CONTRACT IF YOU DON’T WANT TO ARBITRATE!

Posted on 8 August, 2014
Arbitration as the method of dispute resolution is based on your contract.  If you don’t want to arbitrate, do not (I repeat, do not) include an arbitration provision.  If you ultimately have no choice and need to agree to a contract that includes an

THE IMPORTANCE OF AN EFFECTIVE NOTICE OF COMMENCEMENT ON YOUR LIEN RIGHTS

Posted on 6 August, 2014
Contractors, subcontractors, and suppliers need to appreciate the importance of an EFFECTIVE Notice of Commencement.    This recorded document, among other things, governs the priority of YOUR lien rights on a private construction project because a construction lien RELATES BACK in time to an effective Notice...