Jordan N. Bittle and Suzanne M. Busser | Holland & Knight Under Florida law, the distinction between a permissive and mandatory forum selection clause can hinge on something as small as a single comma. In Treasure Coast Classical Academy v. The Optima Foundation, the Florida Fourth District Court of Appeal held that a comma separating… Continue reading When a Comma Is the Decisive Factor: The Importance of Precision in Forum Selection Clauses
Category: Construction Contracts
Ohio Adopts New Statutory Requirements Regarding Modifications to Industry Standard Construction Contracts on Public Projects
Mikayla Howard and Matthew T. Watson | Bricker Graydon Wyatt Senate Bill 262 (SB 262), which became effective September 17, 2026, modified Ohio Revised Code sections 9.334, 153.12, 153.01, 153.503, and 153.693 to require industry-standard public construction contracts to clearly identify any modifications made to those forms. Under this new law, parties must specifically denote… Continue reading Ohio Adopts New Statutory Requirements Regarding Modifications to Industry Standard Construction Contracts on Public Projects
What’s the Scope? First Department Dismisses Indemnification Claim Because Work Never Defined in Contract
Artie W. Venti | Ropers Majeski In Juarez v. Avacon Management LLC d/b/a Avacon Builders Developers (2026), the First Department affirmed the lower court’s dismissal of the contractual indemnification claim where the scope of the subcontractor’s work was “never defined.” The plaintiff was an employee of the subcontractor Skittles Services Corp., who was injured when… Continue reading What’s the Scope? First Department Dismisses Indemnification Claim Because Work Never Defined in Contract
Not All Damages Are Created Equal: What the First Department Reminds Litigators and Contract Drafters in Gamma v. Pavarini McGovern
Leah Henry | Farrell Fritz In contract litigation, damages provisions often do more work than parties expect—and sometimes less than litigants later claim. The First Department’s decision in Gamma USA, Inc. v. Pavarini McGovern, LLC is a useful reminder that courts will read damages limitations by their actual scope, not by their perceived practical effect. Background: The Contract… Continue reading Not All Damages Are Created Equal: What the First Department Reminds Litigators and Contract Drafters in Gamma v. Pavarini McGovern
When Contract Protections Collide: Hidden Risks in Construction Agreements
Lisa H. Stalteri and Jay M. Ross | Lathrop GPM Construction contracts often contain multiple provisions intended to allocate or limit risk, but those provisions can conflict if not reviewed carefully. Property owners, developers and contractors should review liquidated damages, consequential-damages waivers, liability caps and indemnity obligations carefully to ensure the agreement does not unintentionally… Continue reading When Contract Protections Collide: Hidden Risks in Construction Agreements