Limitation Of Liability And Insurance Policy Limits: A Risky Business Strategy

Jordan Karp | Outside General Counsel For most companies, business insurance policies act as a crucial safety net—an assurance that if the unexpected happens, your company won’t face financial devastation. However, when negotiating contracts, there’s a potential trap that some businesses unwittingly walk into: tying a limitation of liability in the contract directly to the… Continue reading Limitation Of Liability And Insurance Policy Limits: A Risky Business Strategy

Follow the Dispute Resolution Provision(s) in Your Contract

David Adelstein | Florida Construction Legal Updates When you are in a dispute, one of the first things you want to look at is the dispute resolution provision(s) in your contract.  What does the provision(s) say? (There could be more than one provision.) Do you need to mediate first? Are disputes decided via arbitration or litigation?… Continue reading Follow the Dispute Resolution Provision(s) in Your Contract

Shifting the Risk of Shifting Sands: A Brief Introduction to Differing Site Condition Provisions

Jon Hollis | Sands Anderson When a contractor breaks ground on a construction project, unexpected conditions beneath the surface can be an expensive surprise. Unanticipated water, rock, or differing soil types can throw budgets and timelines into disarray. Differing Site Condition (DSC) provisions in construction contracts generally place the risk of these unforeseen conditions on… Continue reading Shifting the Risk of Shifting Sands: A Brief Introduction to Differing Site Condition Provisions

Changing Your Mind, for Whatever Reason – Terminating a Construction Contract for Convenience in Florida

Troy Mainzer | The Dispute Resolver Owner: “You’re FIRED!  Please remove all equipment and leave the premises.” Contractor: “You can’t do that. We signed a contract and have done everything that has been asked – we are performing ahead of schedule, under budget, and the work quality is superb.” Owner: “Yes, but another company can do it cheaper and the contract… Continue reading Changing Your Mind, for Whatever Reason – Terminating a Construction Contract for Convenience in Florida

The Impact Of Corrective Work On Performance Bond Deadlines: A Case Study

Jose A. Aquino | Duane Morris The recent decision in BCC Housing Development Corp. v. LPCiminelli, Inc., entered on February 27, 2025, by the New York Supreme Court, Appellate Division, Third Department, addresses the enforcement of contractual time limits in performance bonds and clarifies when a contractor’s work is considered complete under a construction contract. BCC… Continue reading The Impact Of Corrective Work On Performance Bond Deadlines: A Case Study

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