W. Mason – Fox Rothschild LLP – March 10, 2014 I. Introduction A claim of lien is an encumbrance against real property created by state law for the purpose of securing payment for labor, materials, or services expended to improve the real property. While there are many types of liens, the most important class of liens to contractors and subcontractors… Continue reading Florida Construction Liens: An Introduction To Florida’s Construction Lien Statute
Month: March 2014
Payment of Overhead and Profit
Corey Harris – March 6, 2014 One common problem that has been arising is when overhead and profit should be paid in response to a property insurance claim. For those not aware, overhead and profit (generally estimated at 20% of the total amount of the estimate) is intended to cover the overhead/operating costs of a… Continue reading Payment of Overhead and Profit
Does the Need for Witness Testimony Trump a Forum-Selection Clause?
Laurence (Trip) W. DeMuth, III – February 26, 2014 Construction disputes should be determined by the facts. It’s a fair and simple concept – the facts will establish the truth and establishing the truth will lead to a just result. But establishing the facts can be difficult. First and foremost, witnesses are needed. And there… Continue reading Does the Need for Witness Testimony Trump a Forum-Selection Clause?
Know Your Contract, Follow its Terms: Simple Steps that can Help you Prevail in a Dispute
David A. Eisenberg – February 25, 2014 When was the last time you read your contract? Or the last time you sidestepped a contractual provision because it was “too formal” or “impractical?” A general contractor recently learned the hard way that if you want to enforce your contract or impose a lien on a project,… Continue reading Know Your Contract, Follow its Terms: Simple Steps that can Help you Prevail in a Dispute
Today’s Contacts Enforceability Issue: No Damages for Delay or Disruption Clauses
Josh M. Leavitt – February 25, 2014 We start our series of articles on multi-state variations in the treatment of contract risk with one of the most common sources of legal disputes on construction projects: scheduling, time impacts, and disruptions. Schedule-related disputes are usually fact-intensive, often require scheduling consultants, are time consuming and — if… Continue reading Today’s Contacts Enforceability Issue: No Damages for Delay or Disruption Clauses