Greetings!
As part of our continuing effort to 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.™ Sincerely, |
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Ensure Your Warranty Position Before The Ship Has Sailed
Warranty law is important to both sellers and buyers. Suppliers of construction materials may be held liable under a warranty theory, while the contractors who purchase construction materials may believe the materials they purchased were defective and, therefore, want due compensation from the seller (or other party in the distribution chain). The outcome of such warranty claims depend upon a variety of factors, including the type of product at issue, the damage sustained, the law applicable to the transaction, and the terms of the agreement. While the following case did not involve construction materials, it nevertheless is instructive on some warranty issues.
Read this article . . . |
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Making certain to properly prepare your Notice to Owner or Notice to Contractor can be the difference between getting paid, and learning an expensive lesson. All too often, contractors seek to save a little bit of money and have their preliminary notices done on the cheap. Either preparing those themselves, or utilizing unreliable services to do so. More than ever, we are seeing claims lost as a result of such frugalness.
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Do You Really Have An Enforceable Contract?
You have probably heard a million times not to worry if your contract is verbal or vague, as the law will protect what the parties to an agreement intended. This remains the general rule. However, depending on what terms your agreement is vague on, even if in writing, can leave you without an enforceable contract. For many contractors, especially those performing emergency remediation, and other work for which you often look to the owner's insurance for payment, this can lead to costly lessons being learned
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Are Individual Design Professionals More Liable Than Their Employers?
In Witt v. La Gorce Country Club, Inc., 2010 WL 2292104 (Fla. 3d DCA June 9, 2010), La Gorce Country Club, Inc. ("Owner") had a project for an irrigation system for its golf course. Owner had discussions with ITT Industries, Inc. ("Contractor") regarding the project. Contractor introduced Owner to Gerhardt M. Witt ("Consultant"), a professional geologist licensed by the State of Florida. Consultant had his own firm, Gerhardt M. Witt and Associates, Inc. ("Consulting Firm"). Owner entered into a design-build agreement with Contractor and into various contracts with Consulting Firm for consulting services and project coordination. The agreements between Owner and Consulting Firm contained a provision that was intended to limit the liability of Consultant Firm and its subconsultants in the event of professional malpractice. The irrigation system was constructed and ultimately failed. Owner brought suit against Contractor, Consultant and Consulting Firm. One of the causes of action against Consultant and Consulting Firm was for professional malpractice.
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Unlicensed Contractors Take Another Hit
We have written many times before about the dangers, costs, and penalties associated with unlicensed contracting in Florida. "In order to protect the public and to prod contractors into obtaining the required licensing, the Legislature has, as a matter of state policy, greatly disadvantaged the contractor who chooses not to obtain the legally required license." Earth Trades, Inc. v. T & G Corp., 38 Fla. L. Weekly S35 (Fla. 2013). The Florida Legislature has gone to great lengths to protect the public from the dangers of unlicensed contracting. Enacting laws placing both civil and criminal penalties on those participating in such activities. Throughout recent years, Florida Courts have continued to move toward a harsher line towards the contractors engaging in such activities. Read This Article . . .
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Your Construction Law Firm Continues Its Industry Outreach.
Your Construction Law Firm is proud to announce that Larry R. Leiby's 2012-2013 edition of the Florida Construction Law Manual is on book shelves now. You can place your order directly from West here Construction Law Manual For more information, please contact Your Construction Law Firm. Larry R. Leiby of Your Construction Law Firm will be continuing the Firm's industry outreach at the following seminars / speaking engagements: February 20, 2013 at noon - JAMS Miami office - Roundtable discussion with So. Fla. law firms about resolving construction disputes - current trends February 28, 2013 - Ft. Lauderdale - Florida Bar Construction Law ADR program - Speaking on Dispute Review Boards March 7-9 , 2013, Florida Bar Construction Law Certification Review Course, Orlando, FL - Speaking on Legal Remedies March 8-9, 2013, Florida Bar Construction Law Institute, Orlando, FL - Speaking on Advanced Lien Law Issues. May 1, 2013, The Seminar Group, Miami, Florida - Speaking on Alternate Dispute Resolution of Construction Defect Cases May 3, 2013, The Seminar Group, Orlando, Florida - Speaking on Alternate Dispute Resolution of Construction Defect Cases May 11, 2013, Florida Bar Construction Law Committee - Speaking on drafting of contract arbitration clauses. |
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Your Construction Law Firm is proud to announce the relaunch of our internet portal at www.mkpalaw.com. We have worked hard to update and include for your benefit relevant Florida Statutes, archived newsletters, forms, articles, and our Florida Construction Law Blog. We hope you will find our new internet portal informative and helpful.
Please take the time to go through our site, connect with us utilizing the socuial media links located on the site, and subscribe to our blog service. It is all free of charge to you, and will help you stay informed on everything construction law.
If you have any suggestions that you believe would improve our site, please email Ian Kravitz at ian@mkpalaw.com to let us know. We are here to serve you as Your Construction Law Firm. |
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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 |
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Industry Recognitions
Proud Members of
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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.
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