If you are involved in construction, NOW is the time to consider the potential force majeure impacts associated with the pandemic Coronavirus.  Things are beginning to drastically change on a minute-by-minute basis.  From travel restrictions, to the suspension or cancellation of events on an international level, to company-wide...

Recently, I negotiated a contract that included Owners and Contractors Protective Liability insurance, otherwise known as “OCP” coverage, which is a project-specific policy.   Thus, the policy limits are project-specific.  Obtaining this OCP coverage includes discussion with a sophisticated insurance broker because the objective is always to ensure that there...

When it comes to construction contracts, there are many good industry form templates that can be used.   All are templates and all are designed to be modified to conform to the jurisdiction’s law and, of course, the parameters of the project.  There are industry form templates from the...

There is a defense to construction liens raised by owners known as the fraudulent lien defense.  A party can assert a fraudulent lien as an affirmative defense or as an affirmative claim.  This is embodied in Florida Statute s. 713.31. Recently, with respect...

There are circumstances where a performance bond surety will pursue a claim against an owner – such as a government owner—and assert an equitable subrogation claim.  A performance bond surety may assert an equitable subrogation claim to recover contract funds that are still in...