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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The Clear Terms of The Policy Control. Or Do They?
It is often repeated that the clear and unambiguous terms of an insurance policy govern, but that if any ambiguities exist, they are resolved in the favor of the insured. It is equally axiomatic that statutes are to be given their clear meaning. Based on those well established principles of law, the issues decided in the recent case of Citizens Property Ins. Corp. v. River Manor Condominium Assn, Inc., would seem to be predictable. Guess again. Maybe Not. Read This Article. . . |
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Do You Really Know All of The Terms Incorporated Into Your Contract?
A common practice in the construction industry is to incorporate by reference other documents into the contract between two parties. For example, subcontracts frequently incorporate the "Contract Documents" (which term is usually defined) and have a statement to the effect that the subcontractor has either reviewed the Contract Documents or had an opportunity to do so. Florida law recognizes the rights of contracting parties to agree to the terms and conditions in documents that are only referred to in the contract. Read This Article . . . |
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The UCC Is Important for Contractors
Although in our litigation experience it is not typical for someone to assert that a contractor's contract to "furnish and install" is subject to the Uniform Commercial Code ("UCC") governing sales of goods, we have seen lawyers do it. Significant consequences can flow from the legal conclusion that a contract is governed by the UCC rather than by common law contract rules. For example, the standard for whether a contract has been breached is different under the UCC than it is under the common law, and the UCC implies into contracts (reads into contracts) warranties that the common law does not (and vice versa). So, a party vying for an advantage (to the disadvantage of the other party) in a breach of contract action might assert that the contract is subject to the UCC. Read More . . .
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If You Buy Or Sell Materials, Then The UCC Is For You
Disputes involving the purchase and sale of materials and equipment will usually be governed by the terms of the purchase and sale agreement and the law applicable to the sale of goods. In this article, aspects of the important "express warranty" are reviewed. Read More . . .
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Your Construction Law Firm Recieves Prestigous Honor!
Your Construction Law Firm is proud to announce that we have been named Florida Construction Law Firm of the Year by Corporate International. We remain thankful for all of the support that we continue to receive from all of you and remain committed to being there for you in all that you do. |
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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: 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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