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…

Florida’s First Major Data Center Law: The effects of SB 484 on existing data center projects and what this regulation may signal for future projects

On July 1, 2026, Florida’s new SB 484 came into effect, which is one of Florida’s first laws regulating the construction of large-scale data centers being built across the state…

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…

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…

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…

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…

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…

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…

Getting Paid for Costs of the Government Shutdown

Now that Congress has passed a budget ending the government shutdown, contractors are left wondering how and when they will be compensated for costs incurred due to the government shutdown.…

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