Remember to Perfect Claim and Lien Rights As the Economy Improves
Money is still tight on construction jobs, making claim perfection and review more critical...
Money is still tight on construction jobs, making claim perfection and review more critical...
Residential construction is at its highest level in years...
A party seeking damages in construction litigation is often so incensed at the other side’s perceived outrageous conduct that they want to recover more than those compensatory damages that would make them whole. One potential item of additional recovery to consider is punitive damages. The purpose of awarding punitive damages under Florida law is not to further compensate the plaintiff, but to punish the defendant for its wrongful conduct and to deter similar future misconduct. The possibility of being subject to an award of punitive damages can be a significant impetus to resolve a dispute. But are punitive damages recoverable in every construction dispute? The answer is … it depends on the particular case. In Florida, breach of contract claims generally do not allow for the recovery of punitive damages. One seeking to foreclose a construction lien is likewise typically not entitled to recover punitive damages. However, where there is a finding of...
Public/private partnerships could benefit if the fiscal cliff compromise removes tax exempt status of muni bonds...
Anecdotal evidence (word of mouth) suggests that the Central Florida construction sector remains slow with only hints of improvement. General contractors continue to experience extremely slow recovery in new business generated and profit margins are very slim....
Florida's mechanic's lien law generally provides for an award of attorney fees to a party that prevails in a construction lien dispute. But what happens if one party prevails on the lien claim, but other claims in the case have not been decided?...
New Laws Change the Rules of the Game Strategies to Gain Greater Access and Maximize Opportunities in Public Bidding...
You are about to embark on a new construction project, hoping for the best but preparing for the worst. The construction contract is almost done. At issue is what the contract should state about how disputes among the parties should be resolved; should they be arbitrated, mediated, or litigated?...
Homeowners should avoid conditions which allow mold to grow and multiply indoors. If this happens, the risk of potential health problems increase and building materials, furniture and other household goods may be damaged....
James Pirtle, Sr., a construction industry pioneer, has passed away...