construction lawyer

Let me
Represent YOUR
Construction
Interests!

Analyzing legal issues that
impact parties across the
construction industry.

Recent Posts

STATUTE OF FRAUDS APPLIES TO SALE OF REAL PROPERTY

Posted on 3 April, 2022
In law school, one of the first legal doctrines we learn is known as the “statute of frauds.”   The statute of frauds is essentially a defense to a contract enforcement action claiming the contract is unenforceable due to the statute of frauds.  In other words, this doctrine is raised when...

QUICK NOTE: CAN A PARTY DISCLAIM LIABILITY IN THEIR CONTRACT TO FRAUD?

Posted on 27 March, 2022
It is possible for a party to contractually disclaim or otherwise foreclose liability to a fraud claim.  However, let's be honest.  It can be done, but rarely is and would require very specific language to EXPLICITLY disclaim or foreclose such liability to a fraud claim. A recent case, discussed

DOES THE RUSSIA UKRAINE WAR LEAD TO A CONSIDERATION IN YOUR CONSTRUCTION CONTRACTS?

Posted on 26 March, 2022
Material costs are still affecting the construction industry.  Supply chain impacts too.  The volatility started with COVID-19 (and, in certain cases, before with the imposition of tariffs) and has continued through present date. But what about the war between Russia and Ukraine and the impact this has...

ENDORSEMENT TO INSURANCE POLICY CONTROLS

Posted on 20 March, 2022
I’ve said this before, and I’ll say it again: an insurance policy is a complicated reading and this reading gets compounded with endorsements that modify aspects of the policy. What you think may be covered may in fact not be covered by virtue of an...

MIORELLI DOCTRINE’S SOVEREIGN IMMUNITY IN PUBLIC CONSTRUCTION CONTRACTS — NOT THE BE-ALL AND END-ALL

Posted on 13 March, 2022
In the Florida commercial contract public arena, there is a sovereign immunity doctrine known as the Miorelli doctrine after 1997 Florida Supreme Court decision, County of Brevard v. Miorelli Eng’g, Inc., 703 So.2d 1049 (Fla. 1997).  This doctrine would apply to construction contracts between...