Insurance coverage can generally be an invaluable resource when things go wrong on a construction project. However, in the case of professional liability policies, there are several issues that deserve special attention when negotiating with a design professional, to make sure the desired coverage is available when you need it....
Based upon weekly bid reports, the trend in Florida continues to emphasize design-build requests for proposals ("RFP") for public works projects. Public agencies view the design-build model as a means to streamline the procurement process as well as an opportunity to contract with one firm which has the responsibility for both the design and construction of a project....
As more state and local governments incorporate green building standards into public construction projects, it becomes important for participants such as contractors and design professionals bidding on those projects to pay attention to the "green" details....
As a subcontractor, you enter into a contract with a general contractor to perform construction work on a project located in a certain county in Florida. The contract, however, has a carefully worded mandatory venue clause stating that the venue for any lawsuit brought for breach of the contract shall be in a different county in Florida. Unfortunately, things take a turn for the worse on the project. The general contractor does not pay you. Accordingly, you file a Claim of Lien. In turn, the general contractor transfers your lien to a bond pursuant to Florida Statute § 713.24; with the bond being posted in the clerk’s office of the county of the project’s location. Now you need to file suit. You elect to sue for both a breach of the contract and for an action on your lien that was transferred to a bond (also known as a lien transfer bond)....
Becker & Poliakoff's Public Private Partnership team joined Governor Rick Scott for the signing of HB 85, the new Public Private Partnership law in Florida....
Becker & Poliakoff is proud to announce that George Burgess, COO of the firm and co-vice chairman of its Public Private Partnership (P3) Practice Team, has been appointed to serve on the task force created by the state's new P3 legislation....
Experts can play an integral role in construction disputes. At times construction litigation becomes a battle of the experts. Consequently, it is important to use an expert(s) that is not only well versed in his or her field, but an expert who is also able to provide admissible expert opinions in litigation. With the passage of House Bill 7015, effective July 1, 2013 and amendment of Florida Statute § 90.702 (Testimony by Experts), Florida has abolished the former Frye standard for the admissibility of expert testimony. See, Frye v. United States, 293 F. 1013 (D.C.Cir.1923), adopted by the Florida Supreme Court in Bundy v. State, 471 So.2d 9 (Fla.1985). The prior version of Florida Statute § 90.702 provided that: 90.702 Testimony by experts.—If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by...
Part II of this series addresses the situation where a Condominium Association or Homeowners' Association (or any individual property owner) has discovered a construction or design defect arising from renovations or repairs that it has directly purchased....
by Mark J. Stempler The newest version of the popular LEED Green Rating System is affirmed. The U.S. Green Building Council (USGBC) announcced that its membership voted to adopt LEED v4 by an overwhelming 86%. This version of LEED has been in the works for a few years. Ultimatly, it withstood controversy and was refined through several public comment periods. Changes in LEED v4 from the current version (adopted in 2009) include: * A new credit category - Location and Transportation; * A new credit in the Sustainable Sites category - Rainwater Management; and * New prerequisites in the Water Efficiency category; and * New requirements for the use of LEED AP's for specific credits. There are several other additions and changes in LEED v4 which will affect numerous types of buildings. For the complete list, check out http://new.usgbc.org/v4. The full LEED v4 program, along with reference guides, will be unveiled at this year's Greenbuild conference in Philadelphia...
Sun-Sentinel article on public/private partnerships...
