Just about any seasoned contractor will tell you which type of construction agreement should be used for a simple job like building a deck adjacent to a one-story house: a lump-sum contract. Also called fixed-price contracts, they’re quite simple: the contractor offers a bid encompassing all expenses for a construction or renovation project, and the […]
Florida is one of a handful of states that requires a Notice of Commencement to be filed at the start of (almost) every private construction project—specifically, ones that have a value of $2,500 or more. Statistically, this condition adheres to almost every private construction project. The NoC is a relatively simple and straightforward document, but […]
There are numerous ways to structure a construction contract. Depending on the expertise of the project owner, the presence of other parties (such as a third-party project manager), the particular goals of the project owner or developer, and many other factors, one project delivery method might be best suited for your endeavor (relative to other […]
It is the rare construction project that actually gets completed on time, with the original, agreed-upon price point. With this knowledge, most project owners, developers, managers, general contractors, and subcontractors are used to adapting to slight changes in timeline and expectations throughout a project. Sometimes, though, a misstep during a construction project is so egregious […]
Even when every safety regulation is followed, construction projects always carry a significant amount of inherent risk to laborers who make the structure happen. For this reason, workers’ compensation policies are a must-have for any company involved in the construction industry. One issue that comes up with workers’ comp claims stemming from an accident on […]
When beginning a construction project, there are several approaches to drafting and agreeing on contracts that will give structure to the overall undertaking. A unique, specialized contract is sometimes necessary for larger projects with a significant number of involved parties. In other situations, it sometimes makes sense to use standardized contracts that come from an […]
Construction projects are often highly technical, and disputes arising from work done on a project can be somewhat difficult for a judge to settle due to their technicality. To alleviate this and other issues regarding construction legal claims, Florida law provides for a pre-suit dispute resolution process in Chapter 558 of the Florida Statutes. It […]
Written by: Nicole M. Garcia A construction contract has two key components: the scope of work, and the price. A detailed scope of work is crucial for project costing. It is rare to come across a construction project that is completed exactly as planned and promised in the original contract. Thus, even the simplest construction […]
Construction projects look radically different than they did even a decade ago, and they will continue to evolve as developers, contractors, designers, and other parties innovate to make projects go more efficiently. One of the recent developments over the past few decades has been the increased amount of collaboration between parties involved in a construction […]
The real estate property market is currently under severe strain currently due to the forced shutdowns of all non-essential business in Florida due to the COVID-19 outbreak. As the crises looms, the Federal Reserve could eventually relax some regulations to allow forbearance on loans. Currently, it is up to the lenders, property owners and tenants […]
Written by: Nicole M. Garcia, Esq. “Whatever good things we build end up building us“ – Jim Rohn Currently, we are facing constant rapid changes on a daily basis in our personal and professional lives due to the COVID-19 pandemic. It seems this virus is forcing us to think outside of the box, evaluate and […]
Written by: Nicole M. Garcia, Esq. Construction bonds are a type of surety bond (used by investors to fund construction projects) that protect against disruptions or financial loss due to a contractor’s failure to complete a project or failure to meet contract specifications. There are many different types of bonds required under Florida law for any construction project. […]
Pursuant to Emergency Order 7-20, subsection 2. signed by Miami Dade County Mayor Carlos Gimenez on March 19, 2020 any business that is interacting with customers solely through electronic or telephonic means, and delivering products via mailing, shipping, or delivery services may remain open in this restricted manner. These employers may maintain an internet work force […]
The COVID-19 pandemic has brought a great amount of uncertainty as every corner of the country deals with this nearly unprecedented health crisis and social distancing measures. One thing on the mind of tens of millions of Americans is rent or mortgage payments. Others worry about the effects on the housing market as a whole. […]
One of the most powerful and effective ways parties may ensure payment on work completed for a construction project is by filing a mechanic’s, or construction, lien on a piece of real property. Contractors and subcontractors are frequent users of this tool, as well as material suppliers, architects, and engineers. We have outlined the general […]
In Part 1 of our series on project bidding, we discussed bidding on public construction projects and some unique aspects of those kinds of projects. Once again, many concepts are pertinent for both types, but there are some key ways that private (non-governmental) construction projects differ from public ones. You will find that in many […]
They sometimes go by different names, but draw schedules are the detailed payment plan agreed to by the construction project owner, builder, and contractor. It will specify when specific payment allotments will be paid to the contractor and lay out the requirements for exchanging the scheduled funds. If the owner is being funded by a […]
Unique Nature of Public Projects If you are like most contractors, you likely keep your business’s lights on through a mix of public and private construction projects. While many of the concepts are consistent among the two types, this post will focus on public projects. When you submit a bid for a public project, you […]
The last thing you want to deal with after years of waiting for your brick-and-mortar store to finally open is a structural problem. Many problems, legally recognized as construction defects, are obvious, like an improperly installed window (you occasionally feel a draft). These defects are referred to as patent defects and are usually quick, inexpensive […]
In a construction contract it is not uncommon for consequential damages (also known as special damages) to be mentioned, or even asked to be waived. Understanding what consequential damages are will help you to determine what action to take in regard to a specific contract. It will also help you to know what legal rights […]
