Construction Law

VolkLaw helps prepare and review contracts, change orders when the scope of your work needs to be modified, compliance with lien rights and contractual procedures, resolving change order disputes, legal rights and remedies in dealing with non-performing subcontractors and delays, claims for damage to your work by others, insurance coverage issues, claims and litigating or arbitrating actions. Successful navigation of these issues promotes efficiency and profitability. Our extensive experience enables us to handle virtually any problem that may arise so that you can minimize your costs and maximize your profits.

CONSTRUCTION CONTRACTS/UNDERSTANDING AIA PROVISIONS

I. Introduction
II. Typical Contractual Provisions
III. Payment Process
IV. Timing of Payments to the Contractor
V. Certification of Contractor’s Payment Applications
VI. Disbursement of Progress Payments
VII. Retainage
VIII. Withholding of Payments to the Contractor
IX. Final Payment to the Contractor
X. What Other Contractual Elements of Final Payment Should Be Addressed For Florida?
XI. Issuance of Changes
XII. Dispute Resolution
XIII. Indemnification
XIV. Waiver of Consequential Damages
Differing Site Conditions & Hazardous Materials
Termination Provisions
XVII. Insurance Requirements
XVIII. Waivers of Subrogation
XIX. Scheduling Provisions
XX. Warranty Provisions
XXI. Assignment of Subcontracts
XXII Architect’s Administration of the Agreement
XXIII Issues Which Are Specific to Guaranteed Maximum Price Contracts
XXIV Definition of Reimbursable v. Non-Reimbursable Costs
XXV Accounting/Audit Procedures
XXVI. What Subjects Aren’t Addressed by the AIA Construction Documents

DAMAGE THEORIES OF RECOVERY ─ DELAY DAMAGES

I. Introduction
II. Overview of Applicable Procurement Laws and Regulations
III. Contract Awards
IV. The Solicitation Process
V. Protests
VI. Protest Procedures
VII. Standard of Proof in Protests
VIII. Grounds for Protests
IX. Conclusion

LICENSING ISSUES

I. Federal Contracts Prompt Payment Act ─ 31 U.S.C. §39014
II. State Contracts Prompt Payment Act (Fla. Stats. 255.075-.078
III. Florida Local Government Prompt Payment Act (Fla. Stats. 218.71-.79)

PROMPT PAY

I. Fla. Stat. § 255.071 ─ Payment of Subcontractors
II. Fla. Stat. § 255.072-073 ─ Timely Payment for Purchases of Construction
Fla. Stat. § 287.0585 ─ Late Payment by Contractors of Personal
Fla. Stat. § 218.735 ─ Timely Payment for Purchases of Constructions
Fla. Stat. § 713.346 ─ Payment on Private Construction Contracts

CONSTRUCTION LENDING

I. Introduction
II. Lender Liability for Breach of the Construction Loan and Lender’s Duties to the
III. Lender Liability for Breach of the Construction Loan and Lender’s Duties to the
IV. Equitable Lien, Unjust Enrichment, and Quantum Meruit Claims
V. Lender’s Decision to Cease Disbursement of Construction Loan Funds
VI. Determining Priority Between Mechanic’s
VII. Enforcement of Subordination Clauses and Equitable Subrogation

Pretty amazing scope of issues, right? A good construction contract drafted by VolkLaw can help you through this jungle of possible problems. Our litigation services can help you if something goes wrong. Many times though, a lawsuit can be avoided. We can help builder and owner get past conflict if everyone works in good faith and follows the contract and the law.

The matters discussed here are general in nature and are not to be relied upon as legal advice. Every specific legal matter requires specific legal attention. The law is constantly changing and matters discussed today may not be the same tomorrow. Legal matters are also subject to different interpretations by attorneys, judges, jurors and scholars. No attorney-client relationship is intended or created as a result of matters discussed here. You should consult counsel of your choice if you have any dealings in these areas of the law. Volk Law Offices, P.A. and its attorneys make no representations or warranties with respect to the accuracy or completeness of the matters addressed.