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ATTORNEY’S FEES UNDER (A) FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT AND (B) OFFERS OF JUDGMENT

Posted on 4 January, 2014
  In Florida, a party can recover attorney’s fees if it has a contractual or statutory basis. If a party has neither a contractual or statutory basis to recover attorney’s fees, another vehicle is to serve an Offer of Judgment (also known as a...

“CRITICAL PATH” AND “CONCURRENT DELAY” BASICS AS INTERPRETED BY COURTS

Posted on 15 December, 2013
The terms “critical path” or “critical path method (CPM)” are frequently used terms in construction contracts and, importantly, delay-related claims.  These terms refer to the construction schedule and the method to establish delays to the substantial completion date.  To the construction...

THE IMPORTANCE OF SAFETY

Posted on 1 December, 2013
Participants in construction NEED to have safety programs and protocols. Many contractors do in order to minimize injury and prevent death and many even employ a safety officer on their projects. Safety protocols are also important to ensure compliance with the Occupational Safety and Health Administration's (OSHA)...

A LANDLORD’S REFUSAL TO TIMELY PERFORM NEEDED REPAIRS / MAINTENANCE ITEMS

Posted on 29 November, 2013
What happens if the landlord refuses to timely repair defects or perform necessary maintenance items that it is otherwise responsible to perform per the lease? What happens if the landlord makes rental space untenantable? The case of Katz Deli of Aventura, Inc. v. Waterways Plaza, LLC, 38...

LEGAL COMPLEXITIES WHEN THERE IS A FAILED PROJECT

Posted on 28 November, 2013
Iberiabank v. Coconut 41, LLC, 2013 WL 6061833 (M.D.Fla. 2013) is a new case involving a failed mixed-use master development (subdivision) that illustrates some of the complexities when a construction project goes bad. It is a great case discussing aspects of Florida’s Lien Law (such as liens...