Category Archives: Construction Litigation
Key Steps in the Commercial Litigation Process: From Filing to Resolution
Commercial litigation can be a complex and time-consuming process. Resolving legal disputes between businesses or individuals related to business matters through the court system should only be handled by experienced business litigation attorneys, as the litigation process can vary based on jurisdiction and the specifics of the case. However, it is important to understand… Read More »
Another Win For Pike & Lustig: $23.8 Million Verdict Returned In Broward County For Construction Laborer
The case of Jovani Verduzco, a 22-year-old inexperienced construction laborer, whose legs were violently pinned between a front loader machine and bucket on a Davie construction site back in April 2016, was horrifying to all who witnessed the hour-plus rescue broadcast on live television. Mr. Verduzco was injured while attempting to operate a Bobcat… Read More »
Understanding The Statute Of Limitations On Construction Lawsuits
There is no simple answer for what the Statute of Limitations is on construction litigation cases. Many of the classifications depend on the type of construction lawsuit you are filing, whether it be against a contractor, construction company or property owner. Florida Statute 95.11 breaks down the “Limitations other than for the recovery of… Read More »
Collapse Of Residential Building Near Miami Beach Spurs Questions Of Construction Quality
News of the partial collapse of a 12-story residential building in Surfside, Florida during the early morning of June 24 has spread nationally due to its horrific and puzzling nature. One hundred fifty-nine people remain unaccounted for as rescue crews battle severe weather during their attempts to find survivors amid the rubble. The investigation… Read More »
Use It Or Lose It: Claim Preclusion And Res Judicata
There’s an old saying that if at first you don’t succeed try and try again. But in law, a better saying would be that you get one bite at the apple. That’s because in lawsuits, you put your claims and defenses forward in a lawsuit or risk being able to assert them later on…. Read More »
Can A Nonprofit Legally Run A Raffle Or Lottery? With Restrictions, Yes…
Gambling in Florida is, for the most part, illegal. Your business would probably never consider opening a gambling operation or a sports book. But when you look around you may notice that nonprofit organizations use gambling as a fundraiser all the time, in the form of lotteries and raffles. So how is this possible… Read More »
Common Construction Defects in Florida
A construction defect is typically defined as a flaw in design, materials, or workmanship that results in a failure of at least one component of a structure. Property owners have a right to seek financial compensation for damages caused by a construction defect. Notably, under Florida Law (Florida Statutes Chapter 558), property owners are… Read More »
Florida Appeals Court Stops Clay County Airport From Recovering Damages for Shoddy Construction
On November 27th, 2018, the First District Court of Appeal for the State of Florida prevented a Clay County airport from recovering financial compensation for allegedly shoddy construction work that was performed and inspected by a private contractor. In the case of Keystone Airpark Authority v. Pipeline Contractors, Inc., a Florida etc., et al.,… Read More »
Florida Construction Contracts: What is a Change Order?
Construction contracts are notoriously complex. When negotiating this type of agreement, it is not always easy for the parties to perfectly define the scope of the work that is to be performed. In many cases, contracts will need to be amended during the development. This can be done through a process commonly referred to… Read More »
Florida Construction Liens: Defining the Last Day that Work Was Performed
A construction lien (also called a ‘contractor’s lien’ or ‘mechanic’s lien’) is a powerful collection debt tool. If a construction company has not been paid for its work or materials, it can place a lien against the property that was created or improved. In placing a construction lien, there are many different legal requirements… Read More »
Florida Supreme Court Issues Important Ruling in Construction Defect Notice Case
Recently, the Supreme Court of Florida issued an important decision in a case that centered on construction defect notices. In Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, the state’s highest court ruled that Florida’s pre-lawsuit notice and repair process constituted a claim, and thus was required to be recognized by the… Read More »
Florida Construction Contract Law Has Been Amended to Address a ‘Gap’
Earlier this year, Florida law regarding construction contracts was amended in order to address a ‘gap’ in the state’s statutes. Specifically, the state legislature modified Florida Statute 95.11(3)(C) to clarify when the statute of limitations begins to ‘run’ in certain types of contract disputes. This amendment became necessary after the state’s Fifth District Court… Read More »
Construction Delay Lawsuit Filed in Relation to ‘All Aboard Florida’ Train Project
In 2013, All Aboard Florida applied for and received federal funding to build a high speed passenger train service called the Brightline. This train line will connect Miami to Orlando, with several stops in South Florida along the route. The first leg of the project, from Miami to West Palm Beach, was originally scheduled… Read More »
Florida Construction Litigation: Fraudulent Liens
In Florida, construction contractors and subcontractors have valuable rights to protect themselves against non-payment and underpayment. Indeed, if Florida construction contractors are not paid for the labor and materials that they provide, then they can use a valuable collection tool known as a construction lien (mechanic’s lien). Under Florida’s construction lien statute, unpaid contractors… Read More »
Florida Construction Law: Lien Transfer Bonds
Construction law in Florida is notoriously complex. Understanding just how the state’s construction lien statute applies to real world cases can be incredibly challenging. To ensure that contractors and subcontractors that operate within the state are able to protect their rights, our experienced West Palm Beach construction law attorneys have put together a quick… Read More »
Florida House Bill 599 Becomes Law on July 1st, 2017: What it Means for Construction Companies
On June 15th, 2017, Florida Governor Rick Scott signed House Bill 599: Public Works Projects into law. This legislation will officially become effective on July 1st, 2017. The law was heavily favored by construction companies, and received vocal support from Associated Builders and Contractors (ABC), one of the nation’s largest construction industry largest trade… Read More »
Florida Construction Law: Dealing With Delays
What do property owners, developers, construction companies, subcontractors, suppliers, consumers and city officials all have in common? No one likes construction delays. There is no doubt about it: these delays frustrate everyone, even parties who are not even really involved in the project itself. For those companies and individuals who actually have money at… Read More »
Florida Construction Law: ‘Pay-if-Paid’ and ‘Pay-when-Paid’ Clauses Explained
The construction industry is more complex than it has ever been. In the modern business world, most large and mid-sized construction projects must be completed by several different contractors and subcontractors. Notably, payment for a construction project often flows downstream. This means that the primary contractor actually gets paid, and then, in turn, pays… Read More »
Florida Court Rules Against Trump Golf Course in Construction Lien Case
No stranger to the headlines, President Donald Trump recently found himself in the news after his company lost a Miami-Dade County construction lien dispute. On April 12th, 2017, Florida’s Third District Court of Appeal issued a ruling in the case of Trump Endeavor LLC v. Fernich, Inc. d/b/a The Paint Spot. The appeals court… Read More »
Miami High Rise Condos the Subject of Construction Defect Lawsuit
The Vizcayne condo complex is made up of a pair of forty-nine story luxury buildings that overlook the Biscayne Bay. According to reporting from The Real Deal, this condo facility is once again the subject of litigation. Specifically, the condo’s southern tower has filed a lawsuit against more than a dozen different construction companies…. Read More »
