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Recent Posts

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...

QUICK NOTE: PERFECTING & PRESERVING CONSTRUCTION LIEN & PAYMENT BOND RIGHTS

Posted on 20 June, 2016
You are a subcontractor, sub-subcontractor, or supplier on a construction project.  What steps can you take to maximize your ability to collect payment?      
  1. Read this chart to understand what steps you need to undertake to preserve and perfect construction...