May 2012

As part of our continuing effort inform our clients of recent changes in the laws effecting your construction business, we offer you this complementary monthly newsletter of recent events, rulings and laws in the area of construction. We hope you find this helpful.


As always, if you have any questions or concerns related to your business needs, please do not hesitate to contact any of the Board Certified Construction Attorneys at Your Construction Law Firm.™






No Right to Reasonable Assurances with Bond Exists
Refusing to perform contractual obligations is risky. It is prudent to carefully evaluate the risk before refusing to perform.


The trial court determined that Subcontractor rightfully suspended performance on the Collier County subcontract because General Contractor had not provided adequate assurances that Subcontractor would be paid on that project.


Read this article ...

Contract Bars Delay Damages
In many of our articles, we provide examples of how important contract provisions are in determining the rights and liabilities of the parties to a contract. In this article, we do so again.



A Bid Alone Will Not Create A Contract

In Wests Construction, Inc. v. Florida Blacktop, Inc., 2012 WL 1414304 (Fla. 4th DCA April 25, 2012), a subcontractor ("Subcontractor") submitted a bid to the general contractor ("Contractor") that was submitting its bid to the owner on a public project. In Subcontractor's bid was the following provision.


Upcoming Lien Seminar
Looking for a refresher on the Lien Law and its recent changes.  Attend the May 24, 2012 Lien Law Seminar organized by Builders Notice Corp.


Click Here for the seminar flyer! 

Contact any of our Board Certified Attorneys and allow us to serve as

    Your Construction Law Firm.™ 

1300 Sawgrass Corporate Parkway, Suite 100
Fort Lauderdale, Florida 33323
Telephone 954-514-0984   Facsimile 954-514-0985
In This Issue
No Right To Reasonable Assurances Where Bond Exists
Contract Bars Delay Damages
A Bid Alone Will Not Create a Contract
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Your Construction Law Firm™
At Malka & Kravitz, P.A., we are a Martindale Hubbell AV rated law firm dedictated to providing services tailoreed to the individual needs of our clients and their individual business workings.  All of our attorneys are Board Certified by The Florida Bar as experts in Construction Law.  This is the highest recognition of competence provided by the Florida bar.