Posts from 2018.

Project documentation can help avoid claims or litigation altogether. Good and timely communication can mitigate or eliminate surprises between parties. A clear understanding of what transpired during a project can prevent claims from turning into costly litigation.Read More

In the construction industry, a natural disaster such as Hurricane Michael often leaves contractors wondering “what now?” Read More

In Florida, the allowed timeframe for bringing a lawsuit based either on a defect in the design, planning, or construction of a building or based on other improvements to real property is governed by Fla. Stat. § 95.11(3)(c). The Florida Legislature recently passed House Bill 875, effectively amending Fla. Stat. §...Read More

As if the threat of local or state licensure investigations is not enough to induce an instant case of irritable bowel syndrome for a contractor that just realized they unwittingly ran afoul of state regulations – or already knew and just got caught - contractors would be wise to recognize that their missteps could land them in...Read More

Construction contracts serve a vital role in every project to protect the interests of parties and dictate the roles and obligations of each interested entity. Parties to a contract must review and understand each term within a contract and the interplay such terms may have with one another. But what happens when a lawsuit is...Read More

Nothing can be certain, except death, taxes, and arguments about the enforceability of indemnification provisions in construction contracts.Read More

Thus, the Court decided that the 558 process, under that particular CGL language, constituted a “suit” that triggers the insurer’s duty to defend the insured.Read More

If a general contractor-subcontractor dispute arises where the subcontract has a different dispute resolution provision than that of the prime contract, which clause governs? For example, the prime contract requires disputes to be litigated in state court, but the subcontract requires arbitration of disputes. Whether a...Read More

Lillibridge has dispelled the myth that design professionals are only responsible for their design. The lesson from Lillibridge is that design professionals should be mindful of the ramifications of certain contractual relationships they undertake with design consultants.Read More

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Shutts & Bowen, established in 1910, is a full-service business law firm with approximately 270 lawyers located in eight offices across Florida.

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