Executive Summary: Backcharges are generally used to recover costs caused by defective, incomplete, delayed, or otherwise noncompliant work. Florida law does not impose one standard backcharge process for every private project, so contract terms are often central. Valid backcharges should be tied to contractual duties, supported by detailed records, and issued according to required notice […]
Executive Summary: Concurrent delay occurs when independent delays attributable to different parties overlap and affect the project’s critical path. Under Florida law, neither the contractor nor the owner automatically prevails. Courts may examine whether each party’s delay affected completion, whether the delays can be separated, what damages can be proven, and what the contract says […]
Executive Summary: The Spearin Doctrine holds that owners who provide construction plans and specifications may bear responsibility if those designs are defective. Florida construction disputes involving design errors often focus on whether the contractor followed the plans properly and whether the contract shifted design risk. Strong documentation and carefully drafted contracts are critical when resolving […]
Executive Summary: Not all construction delays are compensable under Florida law. Some delays only justify additional time, while others may support financial recovery if caused by the owner or another responsible party. Florida courts also enforce many no-damages-for-delay clauses, making contract language and project documentation critical in any dispute. Construction delays are common in Florida […]
Executive Summary: Incomplete punch list work can lead to payment disputes, breach of contract claims, delayed retainage release, and confusion over Florida lien deadlines. Contractors and owners should clearly document punch list items, define substantial completion in the contract, and follow formal closeout procedures to reduce legal risk. Construction projects rarely end the moment the […]
Executive Summary: Florida’s Right to Cure process, governed by Chapter 558 of the Florida Statutes, requires property owners to notify contractors of alleged construction defects before filing a lawsuit. Contractors then have the opportunity to inspect the issue and propose repairs or settlements within a defined timeline. The process encourages early dispute resolution and can […]
Executive Summary: Progress payments and milestone payments are two common construction payment structures used in Florida. Progress payments provide regular payments based on work completed, while milestone payments release funds after specific project stages are finished. Both systems are legally valid under Florida law, but each carries different financial risks. Clear contracts, detailed documentation, and […]
Executive Summary: A “time is of the essence” clause makes construction deadlines legally critical in Florida contracts. Missing a deadline under this clause may be treated as a material breach, potentially triggering damages or termination. Courts typically enforce these clauses when clearly written, though repeated acceptance of delays may waive them. Contractors and developers should […]
Executive Summary: Florida requires construction sites disturbing one acre or more to comply with state and federal stormwater regulations. This includes obtaining an NPDES permit, creating a Stormwater Pollution Prevention Plan, conducting site inspections, and ensuring final stabilization. Noncompliance can result in steep fines and legal issues. Contractors and developers must take an active role […]
Executive Summary: Florida law limits construction defect lawsuits to 10 years from the latest of several key project milestones. This “statute of repose” permanently bars claims after that window, regardless of when the defect was discovered. Contractors and developers can protect themselves by keeping clear records, understanding when the clock starts, and enforcing good closeout […]
Executive Summary: Yes, Florida contractors can be sued for the work of their subcontractors. Courts generally hold general contractors liable for defective work, code violations, or breaches, even if a subcontractor caused the issue. Contractors should use strong subcontractor agreements, supervise the work, verify licenses, and maintain good records to limit legal exposure. It’s a […]
Executive Summary: Construction defect lawsuits in Florida frequently arise from water intrusion, foundation cracks, system failures, roof defects, structural issues, the use of faulty materials, and code violations. Contractors can reduce risk by documenting their work, utilizing licensed subcontractors, selecting high-quality materials, and ensuring code compliance at every stage. Early action and clear communication are […]
Executive Summary: Florida’s Coastal Construction Control Line (CCCL) restricts how close construction can occur to the beach. Contractors must obtain FDEP permits for projects seaward of the CCCL and comply with local setback rules, which vary by county. Failing to meet these requirements can delay projects or result in legal action. A detailed review of […]
Too many construction disputes in Florida start with a vague or incomplete scope of work. It’s often treated as just a formality and one more document in the stack of paperwork. But when something goes wrong, it’s the first place everyone looks. If the scope isn’t clear, it opens the door for confusion, missed deadlines, […]
When unexpected events like hurricanes, pandemics, labor shortages, and more disrupt a construction project, many turn to the “force majeure” clause in the contract. But just because something is disruptive doesn’t mean it qualifies under force majeure. And just because it’s in the contract doesn’t mean it automatically works. What Is a Force Majeure Clause? […]
In Florida construction projects, payment disputes are common. And when they happen, one of the strongest tools contractors and suppliers have is the construction lien. But what happens if the agreement was never put in writing? It’s a more common situation than most people think. Contractors want to get to work, property owners want to […]
Construction projects rarely go exactly as planned. Delays, scope changes, and unexpected conditions often lead to changes in the original agreement. But how those changes are handled can make or break a project. In Florida construction law, there’s a clear difference between a change order and a contract modification, and knowing the difference is critical […]
Legal disputes on construction projects aren’t exactly rare, but they do tend to put everything on hold. Work stops. Payments stall. Relationships strain. In these moments, figuring out a path forward becomes the main focus. Many contractors and project owners in Florida choose arbitration (or have arbitration agreements written into their contracts) to avoid the […]
When something goes wrong on a construction project, the damage can be more than just cosmetic. Construction defects in design, materials, or workmanship can threaten the structural integrity of a building, put workers, residents, and customers at risk, and cause massive financial loss. Understanding liability is essential if you’re a property owner dealing with serious […]
Properly complying with Florida’s workers’ compensation regulations is crucial for construction contractors aiming to protect their workforce and avoid costly construction litigation. Understanding these requirements not only protects your employees but also shields your business from potential legal and financial repercussions. What Coverages Are Required in Florida? In Florida, any employer engaged in the construction […]
