When it comes to construction disputes, a Florida Deceptive and Unfair Trade Practices Act (known by its acronym “FDUTPA”) claim is not commonly asserted.  A FDUTPA claim is a statutory claim under Florida Statute s. 501.201 en seq.  This claim is NOT easy to prove, particularly...

It is not uncommon that a general contractor’s subcontract will include an arbitration provision.  Or it will allow the general contractor to select binding arbitration as the method to resolve disputes at the general contractor’s SOLE OPTION.   A general contractor’s subcontract should absolutely give the general...

As you know from prior articles, arbitration is a creature of contract.  This means if you want your disputes to be resolved by binding arbitration, as opposed to litigation, you want to make sure there is an arbitration provision in your contract.  If there are certain types of disputes you...

It is important to remember that if you are going to substitute materials from those specified, you need to make sure there is proper approval in doing so--make sure to comply with the contractual requirements to substitute materials.  Otherwise, you could be in a situation where...

Your construction lien oftentimes is your leverage to secure payment because the lien collateralizes the amount you are owed against real property, a leasehold interest, or alternative security if the lien is transferred to alternate security.  Having a court dismiss or discharge your construction lien claim is no...