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Recent Posts

THE HARSH REALITIES OF A CONTRACTOR NOT BEING PROPERLY LICENSED

Posted on 16 February, 2013
The recent Florida Supreme Court’s decision in Earth Trades, Inc. v. T&G Corp., 2013 WL 264440 (Fla. 2013), demonstrates the harsh realities for an unlicensed contractor. In this case, a general contractor hired a site subcontractor. The subcontractor, alleging nonpayment, filed suit against the contractor and the...

FURTHER CONFUSION TO RECOVERING ATTORNEYS’ FEES IN A LIEN ACTION

Posted on 23 November, 2012
Recovering attorneys’ fees in a lien action is becoming more and more convoluted. Recent caselaw has made it more challenging for a party prevailing in a lien action to recover their attorneys’ fees. Now, the test to recover attorneys’ fees is the “significant issues test,” i.e., which...

VENUE PROVISIONS – READ WHAT YOU SIGN!

Posted on 16 November, 2012
Venue provisions, also known as forum selection provisions, are commonly included in contracts. These provisions state that if there is a dispute arising out of or relating to the contract, the dispute must be brought in the exclusive venue of a certain locale. (For...

THE ENFORCEABILITY OF TERMINATION FOR CONVENIENCE PROVISIONS

Posted on 8 November, 2012
Termination for convenience provisions are common in construction contracts, whether it’s a contract between an owner and a general contractor or a general contractor and a subcontractor. These provisions allow either a general contractor, by way of example, to terminate its subcontractor for...

INTERFERING, EXISTING UNDERGROUND UTILITIES

Posted on 27 October, 2012
Horizontal projects (public roadway projects and other infrastructure improvements, etc.) often require the identification and relocation of existing underground utilities. The underground utility company / owner is typically notified of the project (and the plans for the project) so that it can identify and relocate...