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Recent Posts

SUPPORTING CONSTRUCTION DEFECT DAMAGES WITH AN ESTIMATE

Posted on 25 April, 2013
One of the issues in construction defect disputes is whether the owner can prove damages with an estimate, which is often the case. Recently, in Kritikos v. John T. Anderson d/b/a Anderson Builders, et al., 38 Fla. L. Weekly D931a (Fla. 4th DCA 2013), the...

PRESERVING CONSTRUCTION LIEN RIGHTS BY SERVING A NOTICE TO OWNER

Posted on 23 April, 2013
Entities such as subcontractors and suppliers that are not in privity of contract with the owner are required to serve a notice to owner in order to perfect their construction lien rights. See Fla. Stat. 713.06. Not timely serving a notice to owner can be fatal to...

ARGUMENTS TO RECOVER ATTORNEYS’ FEES AGAINST A MILLER ACT PAYMENT BOND

Posted on 31 March, 2013
For those subcontractors and suppliers providing labor, services, or materials to federal construction projects, understanding your rights under the Federal Miller Act (40 USC s. 3131 et seq.) is important. Among other things, the Miller Act advises what a subcontractor and...

UNDERSTANDING YOUR RIGHTS AS AN ADDITIONAL INSURED

Posted on 9 March, 2013
Being an additional insured is a topic discussed, and it absolutely should be, in the negotiation of construction contracts. It is an important part of risk management in construction. An owner wants its contractor and consultants to name it as an additional insured under their...

THE SLOW OR NOT SO SLOW DEATH OF THE ECONOMIC LOSS RULE

Posted on 9 March, 2013
What is the economic loss rule in Florida? The answer -- who really knows anymore.   The economic loss rule was a rule that applied in two scenarios. Under the first scenario, the economic loss rule said that if parties were in...