construction lawyer

Let me
Represent YOUR
Construction
Interests!

Analyzing legal issues that
impact parties across the
construction industry.

Recent Posts

PAROL EVIDENCE CAN BE USED TO DEFEAT FRAUDULENT LIEN

Posted on 27 January, 2019
Parol or extrinsic evidence can be used to defeat an argument that a lien is a fraudulent lien.  And, just because a...

SUPREME COURT HOLDS ARBITRATOR CAN FULLY DECIDE THRESHOLD ARBITRABILITY ISSUE

Posted on 19 January, 2019
The United States Supreme Court recently decided parties to a contract can agree, under the Federal Arbitration Act, an arbitrator, rather than a court, can fully resolve the initial arbitrability question.  Henry Schein, Inc. v. Archer and White Sales, Inc., 2019 WL 122164 (2019).  The...

DRAFTING A CONTRACTUAL ARBITRATION PROVISION

Posted on 24 December, 2018
A recent Florida case discussing a contractual arbitration provision in a homebuilder's contract discussed the difference between a narrow arbitration provision and a broad arbitration provision.  See Vancore Construction,...

BAILOUT FOR AN IMPROPERLY DRAFTED INDEMNIFICATION PROVISION

Posted on 22 December, 2018
A recent opinion came out that held that even though an indemnification provision in a subcontract was unenforceable per Florida Statute s. 725.06, the unenforceable portion is merely

EXISTENCE OF “DUTY” IN NEGLIGENCE ACTION IS QUESTION OF LAW

Posted on 18 December, 2018
In a negligence action, the issue of whether a duty applies is a question of law. See Limones v. School Dist. of Lee County, 161 So.3d 384, 389 (Fla. 2015) (“he existence of a duty is a legal question because duty is the standard to which...