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PRIVATE STATUTORY CAUSE OF ACTION UNDER FLORIDA’S UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY ACT

Posted on 20 June, 2021
Florida’s Underground Facility Damage Prevention and Safety Act is set forth in Florida Statutes Chapter 556.  Any owner or operator of underground infrastructure as well as contractors that perform underground excavation and demolition operations are familiar (or, need to be familiar) with this Act...

ANTICIPATORY REPUDIATION OF A CONTRACT — THE PROSPECTIVE BREACH

Posted on 12 June, 2021
There are instances where a party can engage in the anticipatory repudiation of their obligations under a contract.  In essence, this is basically a party prospectively breaching the contract by repudiating their obligations in the contract.

A prospective breach of contract occurs where there is absolute repudiation by one of...

TERMINATING CONTRACTS FOR CONVENIENCE — “JUST BECAUSE”

Posted on 5 June, 2021
Termination for convenience provisions are important provisions to include in construction contracts.  These are provisions that allow a party to terminate the contract for ANY REASON.  No cause is needed to exercise the termination for convenience provision.  In other words, the terminating party does not have to demonstrate the other...

DOES A SUB NEED TO USE AN EXPERT OR PRESENT CPM ANALYSIS TO SUPPORT A DELAY CLAIM?

Posted on 29 May, 2021
Does a subcontractor need to prove its delay claim (including its lost productivity claim) with expert testimony or a CPM analysis?  A federal decision out of the District Court of Maryland proposes that maybe a subcontractor does not need to go this route. See Baker DC, LLC v. Baggette...

DRAFTING OR NEGOTIATING A SUBCONTRACT–QUESTIONS TO CONSIDER

Posted on 22 May, 2021
When it comes to drafting and negotiating a subcontract, there are provisions that should be important to you from a risk assessment standpoint.   From the subcontractor’s standpoint, below are questions you should ask, or issues you should consider, as you go through the subcontract.  These are the same questions and...