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Recent Posts

MILLER ACT PAYMENT BOND AND THIRD TIER SUBS OR SUPPLIERS

Posted on 18 April, 2014
Subcontractors and suppliers working on federal projects need to understand their recourse in the event they remain unpaid--the Miller Act payment bond (40 USC s. 3131 - 3134).  Prime contractors, likewise, need to know how far down stream their Miller Act payment bond applies.  In other...

APPLICATION OF CLAIMS MADE PROFESSIONAL LIABILITY POLICIES

Posted on 12 April, 2014
General liability policies (CGL) are occurrence based policies meaning an “occurrence” within the policy period triggers insurance coverage even if the claim is reported outside the policy period.  (For more information on an occurrence within a CGL policy, please see https://floridaconstru.wpengine.com/insurance-risk-assessment-occurrence-duties-to-defendindemnify-coblentz-agreement/).

OH NO! A LIEN IS RECORDED! WHAT ARE SOME OF MY OPTIONS?

Posted on 11 April, 2014
You are an owner and a construction lien is recorded on your property.  Or, you are a general contractor required to indemnify the owner for construction liens and a subcontractor you are in a dispute with records a construction lien (or one of the subcontractor’s...

TIME EXTENSIONS FOR “UNUSUALLY SEVERE WEATHER” ON FEDERAL PROJECTS

Posted on 30 March, 2014
What do you do if you encounter unusually severe weather? A time extension for unusually severe weather conditions is set forth under the default clause (such as 48 CFR 52.249-10) included in federal government construction contracts.   The clause typically...

AN OWNER’S “INTENDED THIRD PARTY BENEFICIARY” STATUS UNDER A SUBCONTRACT

Posted on 29 March, 2014
Sometimes, during a dispute, there are arguments as to whether an owner is an INTENDED third party beneficiary of the subcontract by and between the general contractor and the subcontractor. There are instances where an owner desires to be an intended third party beneficiary of...