Articles Tagged with construction 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 […]

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 […]

As discussed in Part 1 of this series, this blog post discusses considerations that should be given in drafting and negotiating certain key provisions in construction contracts to avoid potential issues during construction and future legal disputes. In addition to those provisions discussed in Part I, the following construction contract provisions should also be considered: 1.         Payment Provisions – This […]

The Fourth District Court of Appeal recently rendered a decision in Gindel v. Centex Homes (Fla. L. Weekly D2112d), which will impact how construction defect cases will now be analyzed, pursued and litigated in Florida. Specifically, the Fourth District Court held that the sending of a construction defect plaintiff’s pre-suit notice of claim qualifies as […]

Under Chapter 558 of the Florida Statutes, claimants such as homeowners, HOAs, and condominium associations that have sustained property damage resulting from construction defects are required to participate in a pre-suit dispute resolution process. From a practical standpoint, construction disputes rarely reach a resolution in the pre-suit stages, as contractors and subcontractors struggle to obtain […]

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 […]