Articles Posted in Litigation

With the construction boom in full swing, more and more construction defect lawsuits are being filed on behalf of condominium associations because of countless construction defects that occurred during original construction. These construction defects are particularly prevalent in Miami where the unique real estate development market, weather, and shortage of skilled trade workers make it […]

Imagine you’re at the Thanksgiving dinner table with those you love the most—your family. Before you know it, someone asks, “Who did you vote for?” Next thing you know, World War III breaks out. Now imagine these same people being the shareholders and employees in your family business. If they cannot peacefully discuss the qualifications […]

In this third blog post in a series providing 2018 legislative updates, we discuss legislative changes clarifying condominium conflict of interest statutes. Parts one and two of this series addressed record keeping of condominium associations, material alteration requirements, and material alterations as they relate to electric vehicle owners. CONFLICT OF INTEREST UPDATES AND CLARIFICATIONS Effective July 1, 2018, HB […]

Adding to a previous series on key provisions in a construction contract, this post focuses on “no-damages for delay clauses” commonly found in municipal or public construction contracts. What is a no-damages for delay clause? A no-damages for delay clause often takes the following form: The contractor shall not be entitled to an increase in […]

When negotiating construction contracts for either residential or commercial projects, there are several key provisions that should be given careful attention. The following is a list some of those provisions that should be carefully considered before signing the contract. Attorneys like us who are experienced in drafting, negotiating, or litigating construction contracts should be consulted […]

558 Notice Requirements Navigating the world of construction defects and 558 notice requirements can be tricky for both plaintiffs and defendants. Florida Statute 558 governs the rights and obligations claimants must follow prior to filing a construction defect lawsuit against the parties responsible for the original construction.  Generally, the statute provides that a claimant must […]