Tracy Thompson Vann – March 14, 2013 If you do a thesaurus search of the word “termination,” you’ll find: “extinction, annihilation, execution, slaughter, and massacre.” “Termination,” Roget’s II: The New Thesaurus, 3rd ed., Boston: Houghton Mifflin, 1995, Online Ed. (October 27, 2011). It is no wonder then, that when a contractor it told he is… Continue reading Termination for Convenience Clauses in the Private Arena: Traps every Construction Practitioner Should Know
Category: Construction Contracts
The Emperor’s New Economic Loss Rule
Peter C. Vilmos – March 28, 2013 For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle that prohibits tort damages in a breach of contract action where… Continue reading The Emperor’s New Economic Loss Rule
Compliance with Contractual Notice Provisions
Jose A. Aquino – February 15, 2013 A recent decision of New York City Office Of Administrative Trials And Hearings (“OATH”) highlights the significance of compliance with each and every provision of a construction contract. Ferreira Construction Co., Inc. v. Dep’t of Transportation, OATH Index No. 1619/12 (Nov. 16, 2012), involved a public contract to… Continue reading Compliance with Contractual Notice Provisions
How to Guarantee the HOA can’t Litigate Condo Construction Defect Claims
Jared E. Berg and John W. Mill – January 28, 2013 Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this. It is common practice for real estate attorneys, when drafting declarations for common interest communities, to include arbitration clauses in… Continue reading How to Guarantee the HOA can’t Litigate Condo Construction Defect Claims
Construction Litigation Update: Florida Supreme Court Rules that Unlicensed Contractors Cannot Enforce Construction Contracts
Jim and Mary Homeowner are newlyweds who used their wedding money to buy their first home, a fixer-upper that required considerable renovations. The happily married couple was given the name of a local handyman, Bob, who was honest, hard-working, and wasn’t too expensive. The Homeowners interviewed Bob and were duly impressed with his plan to… Continue reading Construction Litigation Update: Florida Supreme Court Rules that Unlicensed Contractors Cannot Enforce Construction Contracts