Construction Blog

Section 713.10, Florida Statutes, titled “Extent of liens,” provides a mechanism for landlords to protect their property from being liened when a tenant contracts for improvements to the leased premises.  The statute also provides a path for lienors to protect themselves when performing work on behalf of a tenant.Read More

Utilizing 3D printing in both commercial and residential projects has been gaining popularity within the construction industry.  While the benefits may appear endless, there are still risks to be considered before this technology may go mainstream around the United States.Read More

As momentum continues to build in the industry, construction companies have engaged in new strategies and operating procedures to rally for long-term success - including the implementation of pandemic-specific contract clauses to mitigate potential damages.Read More

There can be civil or criminal penalties associated with using drones - whether contractors or construction companies are aware of such, or not. Read More

Among COVID-19 Relief Package 2.0 were numerous provisions that directly and indirectly provided much needed relief for the construction industry. As President Biden’s $1.9 trillion coronavirus relief plan is pending final approval, the industry remains hopeful for further relief and provisions addressing the...Read More

Despite the serious health and ecological dangers posed, per- and polyfluoroalkyl substances (PFAS) have been used for decades in the production and composition of many products used daily throughout Florida and across the country. The construction sector is just one among a broad range of other industries that utilizes...Read More

With the introduction of new technologies to the construction industry, businesses should carefully consider how the utilization of such new and powerful tools can affect exposure to future litigation. Read More

Now facing the final stretch of hurricane season and a looming threat from Tropical Storm Zeta, Florida construction businesses should remain vigilant in their storm preparations with protocols ready to implement in the event of a hurricane.Read More

Amid the unprecedented conditions that businesses have been forced to operate under, real estate and construction professionals in particular may be struggling to navigate pandemic related legal challenges in their markets. From executive orders issued at state and local levels, to exceptional circumstances applied to...Read More

Earlier this year, the policymakers of Florida’s 2020 Legislative session tackled roughly 3,500 filed bills, passing roughly 200 and approving a $93.2 billion budget. Several pieces of this year’s legislative changes will substantially affect the construction industry.Read More

On June 26, 2020, Governor Ron DeSantis signed fifteen bills into law, including HB 441, a revision to the allowable maximum dollar amount for continuing contracts for construction projects. Increasing the dollar cap from $2 million to $4 million, the legislation revises the maximum dollar amount that a public entity can...Read More

In order to further protect the interests of your business, and most importantly, the health and safety of customers and employees, businesses should consider a number of preventative measures as a risk-mitigation strategy.Read More

When Florida’s governor issued his stay at home order, it contained a carve out designating construction as an essential service. Since the order’s debut, many have embraced the construction carve out as allowing any and all construction. Alas, the devil may be in the details, more specifically, the building department...Read More

The coronavirus pandemic is creating both opportunities and risks for Florida’s contractors. For example, on April 1, 2020 the Florida Department of Transportation announced that it will take advantage of nearly empty roads by accelerating work construction projects that have a combined value of nearly $2.1 billion...Read More

In response to the novel coronavirus, on April 1, 2020, Governor DeSantis issued Executive Order 2020-91 (since amended by Executive Order 2020-92), which shut down all “non-essential” business activity in Florida from April 3 through April 30. Per the Governor’s order, work may continue on “open construction...Read More

As the Novel-Coronavirus (“COVID-19”) continues to cause disruption to every aspect of society, the business world and the economy-at-large, nearly every country, state and county has issued unique lockdown, “shelter-in-place,” and similar types of orders restricting the way all of us interact with each other...Read More

In the midst of the turmoil visited by the COVID-19 Virus, Florida’s governor announced plans to try to “lessen the economic damage” by turning its recently emptying roads into an opportunity. In conjunction with his April 1 announcement of a statewide stay at home executive order, the governor directed Florida’s...Read More

Despite recently issued stay-at-home orders across the state of Florida, most counties are allowing construction sites to operate normally for the time being. However, as the ongoing health crisis continues to escalate, key players in the construction industry can take proactive measures now in order to prepare for future...Read More

As the Novel-Coronavirus (“COVID-19”) continues to cause disruption to every aspect of society, the business world and the economy-at-large, nearly every country, state and county has issued unique lockdown, “shelter-in-place,” and similar types of orders restricting the way all of us interact with each other...Read More

On March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52, which declared a state of emergency due to the coronavirus outbreak. The order allows for the tolling of certain permits and in some instances up to an additional six months beyond the tolled period.Read More

Coronavirus (or COVID-19) is already causing significant disruption to businesses around the world, including quarantines and travel bans affecting trade and commerce, manufacturing, construction, hospitality and service industries in an unprecedented way. Now the disruptions are impacting society-at-large, from...Read More

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

If you want to bring an indemnification claim against another party, be mindful of the Statute of Repose and the Echeverri case. Read More

The 10-year statute of repose provides a strong defense to certain construction professionals for latent defects that are not discovered until well after the completion of construction. Are you one of the select group of construction professionals who receives the protection of the statute of repose?Read More

Contracts often contain a provision stating that the venue for all claims arising out of the contract shall lie solely and exclusively in a certain location or that the contract shall be enforced in the courts of a specific state. This typically is advantageous to the party that prepared the contract. The question is—is it...Read More

In the last six years, the Department of Transportation, acting through the Office of Inspector General, the Justice Department, and state and local investigative agencies, has actively cracked down on fraudulent disadvantaged business enterprise arrangements and their participants.Read More

Is the famed catalyst theory for recovery of attorneys’ fees still alive in Florida (was it ever) and how might it be applied to Settlement Agreements? Are you protected from / entitled to a claim for attorneys’ fees after you’ve settled?Read More

Florida courts seem to suggest that certain cleaning and maintenance services are not lienable under Chapter 713, Florida Statutes.Read More

While the law of contract formation allows parties “freedom to contract”, in construction law, general contractors have largely negotiated a shift in the distribution of risk to the subcontractor with the inclusion of “pay-if-paid” contractual clauses that make the general contractor’s receipt of payment from...Read More

Since the work was two thirds complete at the time of termination, your thought is to take two thirds of the entire contract amount, subtract out payments received to date, and present this figure as your recoverable damages. Is this approach, which is known as the percentage of completion method, the correct one?Read More

With forum selection clauses, “shall” doesn’t always mean “shall.” If a forum-selection clause containing the word “shall” lacks additional exclusive language like “exclusive,” “sole,” or “only,” a court may find that clause to be permissive. Read More

Could a party end up litigating related claims in two separate forums if not all parties are bound by a forum-selection clause? To ensure efficiency and avoid inconsistent verdicts, all intertwined claims should be litigated together in the same forum, writes Sarah D. Rodriguez. Read More

Mechanics’ liens are a great tool available to contractors, subcontractors, suppliers, and laborers to ensure payment for work, materials and/or services provided. However, filing a fraudulent lien has costly consequences, including jail time. Read More

If you are a designer or contractor who’s been accused of negligent design or construction, you will want to analyze the owner’s claimed damages to see if they might be reduced by the amount of the first costs or betterment. Read More

If your business has been accused of violating a local law, check with your attorney as to whether you actually face liability, particularly if you established your business practices in accordance with a state law. Read More

On federal construction projects, the parties may contract where they would like to litigate potential disputes, but care should be given as to what venue is selected based on various factors.Read More

Sometimes unlicensed contracting is as simple as failing to make sure your subcontractors are licensed in their respective trades. Sometimes it's not so obvious. Why does this matter? Because you could be facing an administrative, civil or criminal action. Read More

Almost 200 public comments were filed by attorneys and private companies, all weighing in on the Daubert v. Frye standards. Read More

Shutts’ Construction Law Blog analyzes and discusses laws, regulations, recent news and trends affecting the construction industry with a particular emphasis on Florida law and practice. The blog is written for construction litigators, design professionals, contractors, owners, developers, engineers and others in...Read More