It’s been said that the “best-laid plans of mice and men often go awry.” In other words, even the most meticulously put-together plans sometimes need an audible. Anyone who’s been involved in a construction project before understands exactly how that adage plays out during the process. Sometimes, the most drastic changes lead to what’s called […]
Traditionally, the design-bid-build project delivery method was favored by private and public owners. This offers cost-efficient decisions at two major points in the project. Another project delivery method that’s taken shape over the past few years is the construction-manager-at-risk (CMAR) method. The CMAR project delivery method, in short, provides the same opportunities for cost-savings while […]
The bid process for Florida agencies is much more rigid than the process used for private projects. And, for good reason–taxpayers have the general expectation that their tax dollars will be used as efficiently as possible. The Florida statutes lay out the procedures by which construction or renovation work on public buildings or land should […]
In Parts 1 and 2 of this series, we looked at instances where Florida prime contractors may become liable for the actions of subcontractors. Generally, prime contractors in Florida are NOT liable for the results of actions undertaken by subcontractors. However, there are a few notable exceptions. Sometimes, a general contractor enters into an agreement […]
Part 1 of our series on prime contractors’ liability for the actions of subcontractors published last month. The post covered the “meddlesome employer” doctrine, which makes the prime contractor liable for the subcontractor’s actions if he or she becomes too involved in the subcontractor’s work. The meddlesome employer doctrine is an exception to the rule […]
Florida law is usually friendly to general/prime contractors in a situation where a subcontractor has acted improperly during a construction or renovation project. This liability divide can—and should—be clearly delineated in the contract entered into between the contractor, subcontractor, and project owner. As is the case with many things in construction law, though, there are […]
Premises liability refers to the obligations of property owners and managers to keep their premises safe for third parties who have either explicit or implied permission to be there. This is an important component of personal injury law in Florida and elsewhere in the country (and world). Broadly speaking, there are three types of people […]
Even the most experienced and knowledgeable prime contractors can put together a structure that contains defects. The causes of these defects often have to do with poor designs and blueprints or inferior materials, but sometimes your clients will allege shoddy workmanship on your part. Regardless of the root cause of a construction defect, there are […]
When is a construction project actually “done”? Well, that’s a difficult question to answer. Once the general contractor and subcontractors leave the site, there are still statutes of limitations or statutes of repose that outline the time limits for the project owner to bring a claim. Conversely, there may be a point in which you […]
Even construction projects with the most thoroughly negotiated contracts can sometimes get bogged down in disputes between two or more parties involved in the project. Disputes are more common among parties who are not seasoned construction professionals; however, it can happen to anyone. If, despite your best efforts, your project has been halted due to […]
The vast majority of construction projects — especially for relatively small and simple ones — use one of two project delivery methods: design-build and design-bid-build. Both of these methods have been in existence for more than a century and are widely used by both private and public project owners. We’ll go over some of the […]
Dealing with the government can be intimidating. Many people are frightened of going to the courthouse to deal with traffic citations. Some people pay advisors to do their taxes for them, so they won’t make a mistake and upset the IRS. How many of us enjoy going to the DMV? For construction workers, the Miller […]
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 […]
