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FEDERAL CONTRACTING AND COMPLIANCE WITH THE CONTRACT DISPUTES ACT

Posted on 8 June, 2014
Federal Acquisition Regulation 52.233-1 (48 CFR 52.233-1) contains a dispute clause that is incorporated into prime contracts for federal construction projects.  This regulation is set forth at the bottom of this article and provides that the prime contract is subject to the Contract...

LIEN RIGHTS FOR SPECIALLY FABRICATED MATERIALS

Posted on 6 June, 2014
Specially fabricated materials are those materials that are specially manufactured, designed, or fabricated for a particular project and are not materials that can be universally used on all projects.  Specially fabricated materials have been described as those materials “not...

QUALIFYING FOR ADDITIONAL INSURED STATUS

Posted on 31 May, 2014
Additional Insured status is a vital part of risk management in construction.  I’ve previously discussed additional insured status under general liability policies in https://floridaconstru.wpengine.com/understanding-your-rights-as-an-additional-insured/ and https://floridaconstru.wpengine.com/make-sure-additional-insured-coverage-is-for-completed-operations/.    The recent decision in King Cole Condominium Association, Inc....

DESIGN-BUILD PROJECT DELIVERY IN FLORIDA (AND LICENSING EXEMPTIONS)

Posted on 31 May, 2014
Under a design-build project delivery, typically the general contractor contracts with the owner to be responsible for both the design and construction of the project.  This benefits the owner because if there is a design or construction issue--whether causing an increase in budget, a defect, or...

A SUPPLIER AND SUBCONTRACTOR’S PURSUIT OF ATTORNEY’S FEES IN MILLER ACT PAYMENT BOND ACTION

Posted on 29 May, 2014
While the Miller Act does not provide a statutory basis for the recovery of attorney’s fees, this does not mean that attorney’s fees cannot be recovered in a Miller Act payment bond action against the surety and prime contractor.  If the...