As state and local governments shut down or grind to a halt with the spread of the coronavirus, the construction industry is pushing to keep projects up and running. The industry employs 7.6 million Americans, or 5% of the workforce....
More than 45 years ago, the Florida Supreme Court established in A.R. Moyer v. Graham that an architect can be liable to a contractor who is impacted by the architect's negligence. A.R. Moyer established the potential for liability even without contractual privity between the architect and the contractor. Opinions that have directly applied A.R. Moyer to architects and engineers have closely examined the question of whether these professionals had final authority to terminate a contractor, shut down a project or withhold payment. Architects who merely made "recommendations" to owners did not have true supervisory authority and therefore often owned no duty to contractors. In the recent Singer opinion, the Fourth District Court of Appeal has arguably blurred the line between decisions and recommendations, thereby potentially expanding liability for architects and engineers. The reasoning of Singer suggests that architects and engineers who make recommendations to receptive owners that are relying on...
Force majeure law in the context of pandemics has never been fully explored in the context of construction contracts and disputes. In the wake of coronavirus and its impact on our economy, it is difficult to predict how a finder of fact would resolve claims for construction delays and disruption arising from manpower shortages, material delivery delays and escalating price increases caused by or resulting from the virus. In many instances, the resulting impact may be considered to be beyond the contractor's reasonable control. Certainly the Owner of a construction project may elect to suspend operations to protect its residents and occupants of existing facilities....
When it comes to how U.S. contractors should react to the negative effects of the global coronavirus pandemic, Steve Lesser, chair of Becker’s construction law practice recommends a “wait and see” approach. Instead of rushing, Lesser suggests slowing down since the fallout from the effects of COVID-19 may be unpredictable....
Lee Weintraub presented at the recent Marcum Summit, speaking about the top mistakes contractors make when they grow too fast. From disorganized accounting to technology capabilities, poor hiring, rushed project mobilization, and more, Lee highlighted how contractors can prevent common missteps from happening to them....
Q: Lee, how long have you been the chair of the Public-Private Partnership (P3) group at Becker?...
LAUDERDALE, FL, October 15, 2019 — As charitable organizations work to improve inadequate facilities or build new ones, legal bills may hold them back from their mission. Building for Good, Inc. (B4G), a national, web-based platform linking nonprofits and charities with skilled, volunteer construction lawyers, launched this month in Massachusetts, Florida, New Jersey, and Minnesota. B4G will help organizations in need of construction law assistance find qualified, local attorneys to provide pro bono construction law services....
As computer technology continuously progresses, together with the ability to store large amounts of data at a relatively low cost, this article explores the heightened obligations imposed by courts for businesses to retain documents for longer periods of time than traditionally required under spoliation of evidence law....
Congratulations to Shareholder Steven Lesser on his appointment as Chair of the Florida Bar Board of Legal Specialization and Education (BLSE). His term will run July 1, 2019 – June 30, 2020. The BLSE administers the Bar’s certification plan and is charged with identifying attorneys who have substantial experience and special knowledge, skills, and proficiency in certified areas of practice as well as professionalism and ethics in the practice of law. Steve previously served as Vice Chair of the Board. Steve is Florida Bar Board Certified in Construction Law and remains an active member of the Bar. He is Past Chair of the Construction Law Certification Committee and Grievance Committees 15(f) and 17(b). Additionally, Steve has written extensively for the Florida Bar Journal and is Past Chair of the publication’s Editorial Board. In 2016, Steve was awarded the Real Property, Probate & Trust Law Section’s “Lifetime Achievement Award” in recognition of his...
There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to consider is, what is required after a hurricane to ensure compliance with your insurance policy and recover money which may be owed? Click here to read Sanjay’s full article in FLCAJ Magazine....
