William R. Mauck, Jr. – January 10, 2012 The importance of following change order provisions in a construction contract was emphasized yet again in a recent federal court decision: Carolina Conduit Systems, Inc. v. MasTec North America, Inc. In this case, Carolina Conduit, a subcontractor, sued the general contractor, MasTec, for the cost of installing additional… Continue reading Another reminder on change orders: “don’t worry” about payment for extra work is not enforceable
Category: Construction Contracts
What Property Owners Need to Know About Destructive Testing
Lee A. Weintraub – December 13, 2011 Chapter 558 Fla. Stats. is Florida’s pre-suit notice and right to cure procedure, which applies before property owners may assert a claim against a developer, contractor, subcontractor or design professional for construction and design defects. It expressly provides for “destructive testing” of the defective areas of the property via… Continue reading What Property Owners Need to Know About Destructive Testing
Building Success Despite Failure
Samuel M. Starr and Kevin J. Walsh – December 5, 2011 In today’s economy, we continue to see bankruptcies occurring in the construction sector. An owner, contractor, or subcontractor in financial distress can easily delay a project — or worse, jeopardize the project in its entirety. Contractors need to understand their rights in order to… Continue reading Building Success Despite Failure
Contractor Basics: Claims Recognition and Documentation
Given current economic conditions, most contractors are not in a position to simply walk away from legitimate claims for additional compensation with the expectation that the lost dollars will be recovered through the next profitable job down the road. Despite the fact that some contractors have historically been averse to making claims, limited project opportunities,… Continue reading Contractor Basics: Claims Recognition and Documentation
Condominium Developer Cannot Enforce CC&R’s After Selling All Units
Alex Merritt and Michael B. Wilmar – November 21, 2011 This month the Second District Court of Appeal concluded that the developer of a condominium complex lacked standing to enforce the declaration of covenants, conditions, and restrictions (CC&R’s) after it had sold all the units in the complex. Western Pacific Housing and Playa Capital Company… Continue reading Condominium Developer Cannot Enforce CC&R’s After Selling All Units