Kenneth A. Cushing | Pepper Hamilton LLP | May 4, 2016 Time is money in construction, and project delays can cause contractors to incur substantial additional costs. To avoid responsibility for paying these costs, project owners often include a no-damage-for-delay (NDFD) clause in the contract, where legally permitted. An example of a typical NDFD clause reads… Continue reading Do No-Damage-for-Delay Clauses Bar Acceleration Claims?
Month: May 2016
Suppliers Beware: The Florida Construction Lien Law Will Be Strictly Construed
Brian R. Lambert | Shumaker Loop & Kendrick | April 14, 2016 As construction lawyers asserting lien claims, we commonly have our opponents recite the maxim “construction lien statutes must be given a strict reading,” leading to an argument that a failure to follow the lien law’s very technical requirements leads to a windfall victory… Continue reading Suppliers Beware: The Florida Construction Lien Law Will Be Strictly Construed
“60 Days” Means 60 Days – Appellate Court Reiterates Construction Lien Law Will Be Strictly Construed
Thomas P. Wert | Roetzel & Andress | April 28, 2016 On April 8th, a Florida Court of Appeal confirmed once again that the deadlines set forth in Florida’s construction lien law will be strictly construed by the courts. In Hiller v. Phoenix Assoc. of South Fla., Inc., 2016 WL 1386642, the District Court of… Continue reading “60 Days” Means 60 Days – Appellate Court Reiterates Construction Lien Law Will Be Strictly Construed
Your Invaluable Mechanic’s Lien Rights – Exercise Them!
Adam J. Sklar | Cole Schotz PC | May 5, 2016 The right to file a mechanic’s lien is established by state statute, allowing those providing work, services, materials or equipment to a construction project with additional valuable security in the event of non-payment of amounts due under a contract for such work, services, materials… Continue reading Your Invaluable Mechanic’s Lien Rights – Exercise Them!
You’ve Got Damage from a Construction Defect – How Do You Know How Much Invasive Testing is Sufficient?
Donald B. Brenner | National Law Review | April 18, 2016 Community associations are often given common elements in transition that incur damage from design and/or construction deficiencies. Associations typically have limited funds. Even those with ample financial resources are usually governed by Boards whose members are keenly aware of the fact that the Association’s… Continue reading You’ve Got Damage from a Construction Defect – How Do You Know How Much Invasive Testing is Sufficient?