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

1.1

II. Typical Contractual Provisions

1.3

III. Payment Process

1.3

IV. Timing of Payments to the Contractor

1.5

V. Certification of Contractor’s Payment Applications

1.5

VI. Disbursement of Progress Payments

1.6

VII. Retainage

1.7

VIII. Withholding of Payments to the Contractor

1.8

IX. Final Payment to the Contractor

1.9

X. What Other Contractual Elements of Final Payment Should Be Addressed For Florida?

1.11

XI. Issuance of Changes

1.12

XII. Dispute Resolution

1.20

XIII. Indemnification

1.21

XIV. Waiver of Consequential Damages

1.22

Differing Site Conditions & Hazardous Materials

1.23

Termination Provisions

1.25

XVII. Insurance Requirements

1.28

XVIII. Waivers of Subrogation

1.31

XIX. Scheduling Provisions

1.33

XX. Warranty Provisions

1.35

XXI. Assignment of Subcontracts

1.36

XXII Architect’s Administration of the Agreement

1.37

XXIII Issues Which Are Specific to Guaranteed Maximum Price Contracts

1.38

XXIV Definition of Reimbursable v. Non-Reimbursable Costs

1.38

XXV Accounting/Audit Procedures

1.39

XXVI. What Subjects Aren’t Addressed by the AIA Construction Documents

1.40

DAMAGE THEORIES OF RECOVERY ─ DELAY DAMAGES

I. Introduction

2.1

II. Overview of Applicable Procurement Laws and Regulations

2.1

III. Contract Awards

2.6

IV. The Solicitation Process

2.10

V. Protests

2.15

VI. Protest Procedures

2.15

VII. Standard of Proof in Protests

2.18

VIII. Grounds for Protests

2.20

IX. Conclusion

2.21

DAMAGE THEORIES OF RECOVERY ─ DELAY DAMAGES

I. Introduction

3.1

II. Types of Delay

3.2

III. Scheduling and Proof of Delays

3.8

IV. Damage Principles

3.11

V. Owner Defenses to Delay Claims

3.20

VI. Owner’s Damages For Delay

3.23

LICENSING ISSUES

I. Federal Contracts Prompt Payment Act ─ 31 U.S.C. §3901

4.1

II. State Contracts Prompt Payment Act (Fla. Stats. 255.075-.078

4.6

III. Florida Local Government Prompt Payment Act (Fla. Stats. 218.71-.79)

4.10

CONSTRUCTION CONTRACT SPECIFIC ISSUES: CONDOMINIUMS, SPEARIN, et al

I. Introduction

6.1

II. The Spearin Doctrine’s Dual Warranties

6.4

III. Spearin Doctrine Litigation in Florida

6.4

IV. No Duty to Disclose in Florida

6.12

V. Design v. Performance

6.1

V.I Spearin and the Evolution of the Construction Industr

6.15

VII. The Spearin Doctrine in Other Jurisdictions

6.17

VIII. Conclusion

6.19

LIEN LAW ─ PART 1 & PART 2

I. Policies Behind Construction Lien Perfection

7.1

II. Purpose of the Construction (Mechanic’s) Lien Law

7.1

III. Property Interests Subject to Lien

7.1

Persons Who Have No Lien Rights

7.5

Persons Entitled to Lien

7.6

VI. Notice of Commencement

7.7

VII. Direct Contracts on Residential Projects

7.8

VIII. Notice to Owner

7.9

IX. Claims of Lien

7.11

X. Time for Bringing Action

7.14

XI. Private and Public Bonded Jobs

7.18

XII. Demanding Account Designation

7.19

VXIII. Failure to Serve Sworn Statement of Account

7.20

XIV. Application of Payments

7.20

XV. Fraudulent Liens

7.21

XVI. Failure to Apportion Claim of Lien

7.22

XVII. Requests for List of Subcontractors and Suppliers

7.23

XVIII. Releases of Lien

7.23

XIX. Misappropriation of Construction Funds

7.24

XX. Payments by Construction Lender

7.24

XXI. Conditional Payment Bond

7.25

XXII. Proper Payments

7.26

XXIII. Assignments of Lien

7.27

XXIV. Transfer Bonds

7.27

XXV. Interpleader Actions

7.28

INSURANCE (LIABILITY; E & O, BR)

I. Introduction ─ Construction Insurance

8.1

Commercial (or Comprehensive) General Liability Insurance (“CGL”)

8.1

III. Limiting Endorsements

8.11

IV. Builder’s Risk Insurance

8.19

V. Professional Liability

8.23

VI. WRAP, OCIP and CCIP Insurance

8.24

VVII. Conclusion

8.26

CHAPTER 558 ─ CONSTRUCTION DEFECTS

I. Introduction

9.1

II. History and Purpose

9.1

III. Application

9.3

IV. Procedures

9.4

V. Pros and Cons of Using Chapter 558

9.5

VI. Contract Drafting

9.6

VII. Case Decisions

9.6

VIII. Legislative Proposals

9.7

IX. Conclusion

9.8

CONSTRUCTION PRODUCTS LIABILITY

I. Common Claims in Construction Defect Cases

12.1

II. Defenses

12.8

III. Precautions to Protect Against Defective Products

12.9

BONDING (PRIVATE/PUBLIC ─ STATE AND FEDERAL)

I. Performance Bonds

13.1

II. Payment Bonds

13.5

III. Payment Bond Surety Defenses

13.13

IV. Bid

13.14

V. Public (Federal) Projects ─ Miller Act

13.14

PROMPT PAY

I. Fla. Stat. § 255.071 ─ Payment of Subcontractors

14.1

II. Fla. Stat. § 255.072-073 ─ Timely Payment for Purchases of Construction

14.3

Fla. Stat. § 287.0585 ─ Late Payment by Contractors of Personal

14.4

Fla. Stat. § 218.735 ─ Timely Payment for Purchases of Constructions

14.4

Fla. Stat. § 713.346 ─ Payment on Private Construction Contracts

14.7

CONSTRUCTION LENDING

I. Introduction

15.1

II. Lender Liability for Breach of the Construction Loan and Lender’s Duties to the

15.1

III. Lender Liability for Breach of the Construction Loan and Lender’s Duties to the

15.12

IV. Equitable Lien, Unjust Enrichment, and Quantum Meruit Claims

15.17

V. Lender’s Decision to Cease Disbursement of Construction Loan Funds

15.21

VI. Determining Priority Between Mechanic’s

15.24

VII. Enforcement of Subordination Clauses and Equitable Subrogation

15.29

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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.