Articles

Florida Liquidated Damages: Your Contract Contains a Liquidated Damages Clause – Is it Enforceable?

Construction contracts commonly contain language providing for a stipulated sum of money as damages for each day of delay the project fails to meet a specific milestone, such as substantial…

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Florida’s Proposed HB 255: A Quiet Shift That Could Reshape Condo Defect Liability

In Florida, developers and contractors work under strict clocks. Section 95.11(3)(b), Florida Statutes, sets two firm deadlines for construction claims: a four-year statute of limitations and a seven-year statute of…

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Flow-downs and Omissions – What’s in Your Subcontract?

Mike Schmaltz Finance and Commerce, August 2010 Within a contract, parties make commitments to one another for goods or services in exchange for payment. As projects and the commitments became…

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Four Key Steps for a Successful Construction Audit Process

By: Ronald L. Williams Partner, Construction Practice Co-Chair, Fox Rothschild LLP. The implications of the audit provisions contained in construction agreements between owners and contractors owners extend far beyond post-completion…

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From Flawed Methodology to False Claims Act Liability: A Cautionary Tale

By  William L. Baggett, Jr.  Smith, Currie & Hancock LLP. In January 2022,  the United States Court of Federal Claims issued a harsh reminder of the serious implications of the…

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General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor Are a Material Breach of Contract

Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) By: Luke N. Eaton, Associate, Pepper Hamilton LLP This dispute arose from…

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Get Your Contracts Lean- Its Better than Dieting

By: Brian Perlberg, Esq., Executive Director and Senior Counsel of ConsensusDocs   I recently took the AGC Lean Construction Educations Program Units 1-7. After studying diligently, I’m happy to say…

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Global Events and the Construction Supply Chain: Preparing for the Unexpected

In today’s global economy, the construction industry is increasingly vulnerable to the ripple effects of worldwide events. From the COVID-19 pandemic and the war in Ukraine to tariff impacts and…

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Going Back to Work – Starting or Restarting a Construction Project During the Pandemic

By: Patrick J. Greene, Jr., Partner, Nathan A. Cohen, Partner, Curtis W. Martin, Partner, Peckar & Abramson, P.C. Over the next several weeks and months construction projects that had been shuttered…

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