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ENFORCEMENT OF CONTRACTUAL TERMS (E.G., FLOW-DOWN, FIELD VERIFICATION, SHOP DRAWING APPROVAL, AND NO-DAMAGE-FOR-DELAY PROVISIONS)

Posted on 4 January, 2020
What you contractually agree to matters, particularly when you are deemed a sophisticated entity.  This means you can figuratively live or die by the terms and conditions agreed to.   Don’t take it from me, but it take it from the Fourth Circuit’s decision in U.S. f/u/b/o Modern Mosaic, Ltd. v....

MUTUAL OR CONCURRENT DELAY CAUSED BY SUBCONTRACTORS

Posted on 1 January, 2020
How are delay damages treated when two subcontractors cause a mutual or concurrent delay to the project? Assume multiple subcontractors concurrently contributed to an impact to the critical path resulting in a delay to the project.  The delay caused the prime contractor to: (1) be assessed

YOU CANNOT ARBITRATE CLAIMS NOT COVERED BY THE ARBITRATION AGREEMENT

Posted on 21 December, 2019
Regardless of the type of contract you are dealing with, “rbitration provisions are contractual in nature, and therefore, construction of such provisions and the contracts in which they appear is a matter of contract interpretation.”  Wiener v. Taylor Morrison Services, Inc., 44 Fla. L. Weekly D3012f...

YOUR BAD FAITH JURY INSTRUCTION AGAINST AN INSURER IS IMPORTANT

Posted on 13 December, 2019
A statutory bad faith claim against an insurer is derived from Florida Statute s. 624.155.  A bad faith claim against a first party insurer, such as a property insurer, must be statutory.  Check out the hyperlink of the statute, but a party...

CONSIDER MANNER IN WHICH LOAN AGREEMENT (PROMISSORY NOTE) IS DRAFTED

Posted on 8 December, 2019
Consider who you loan money too and, perhaps more importantly, the manner in which your loan agreements (promissory notes) are drafted.  By way of example, in what appears to be a failed construction project in Conrad FLB Management, LLC v. Diamond Blue International, Inc., 44 Fla. L. Weekly D2897a (Fla....