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Recent Posts

BE WATCHFUL FOR THE EXISTING STRUCTURE / BUILDING EXCLUSION IN BUILDER’S RISK POLICY

Posted on 13 July, 2016
I previously discussed the importance of builder’s risk coverage for a construction project.  Builder’s risk insurance is not a one-size-fits-all policy meaning an owner or contractor--party procuring builder’s risk--needs to work with their insurance broker to...

DRAFTING THE BOND FORM, PARTICULARLY THE PERFORMANCE BOND FORM

Posted on 8 July, 2016
Oftentimes, when it comes to payment and performance bonds (in particular), the bond forms are drafted by the obligee.  For example, an owner (as the obligee) may draft the bond forms that it wants its general contractor’s surety to execute.  And, a general...

IS AN INITIAL DECISION MAKER, PROJECT NEUTRAL, OR DISPUTE RESOLUTION BOARD RIGHT FOR YOU?

Posted on 3 July, 2016
Recently, I participated in a roundtable hosted by JAMS with experienced South Florida construction lawyers and retired circuit court judges to discuss the pros and cons of utilizing an initial decision maker (“IDM” and also referred to as a

LITTLE KNOWN FLORIDA VENUE STATUTE BENEFITTING RESIDENT CONTRACTORS

Posted on 28 June, 2016
When it comes to venue, there is a rather unknown venue statute that benefits resident contractors, subcontractors, and suppliers working on Florida projects.  This statute, Fla. Stat. s. 47.025, states:  

Any venue provision in a contract...

MILLER ACT CLAIM FOR UNSIGNED CHANGE ORDERS

Posted on 25 June, 2016
Contracts and subcontracts often contain language that requires change orders to be in writing and that no change order work shall be performed unless agreed to in advance in a signed change order.  Oftentimes change order work is performed but the parties have...