Restoration Industry Association – July 2013 A ruling published by the Supreme Court of Florida earlier this month held that general contractors are entitled to overhead and profit charges under a replacement cost homeowner’s policy. In Trinidad v. Florida Peninsula insurance Company, the Supreme Court said, “…we hold that an insurer’s required payment under a… Continue reading Florida Supreme Court Rules that General Contractors are Entitled to Overhead and Profit
Category: Construction Law
9 Tips For Final Payment Affidavits
Aaron Thalwitzer – July 15, 2013 Don’t let a defective Contractor’s Final Payment Affidavit wreck your lien rights. Contractor’s Final Payment Affidavits are not particularly complex, but they are extremely important. Under 713.06(5)(d)(1), Florida Statutes, “[w]hen the final payment under a direct contract becomes due the contractor . . . [t]he contractor shall give to… Continue reading 9 Tips For Final Payment Affidavits
Builders in California May Further Limit the Statute of Limitations
Darren Johnson – July 19, 2013 The California Court of Appeal has upheld a provision in a construction contract by which the builder effectively shaved six years off the limitations period in which the owner could bring a construction defect lawsuit. In Brisbane Lodging L.P. v. Webcor Builders, Inc., 2013 DJDAR 7127 (June 3, 2013),… Continue reading Builders in California May Further Limit the Statute of Limitations
Construction Defects in Condominium and Townhome Associations
Matthew Meyers – July 10, 2013 After Irene, Sandy, and a record rainfall this June, it is evident why condominiums and townhomes must be built in accordance with applicable building codes, architectural plans, and manufacturer specifications. If the construction of a community association was subpar, the water infiltration from improper construction undoubtedly led to water… Continue reading Construction Defects in Condominium and Townhome Associations
Can Design-Builders Rely on Owner Supplied Specifications…
Cade Laverty – July 8, 2013 Can design-builders rely on owner supplied specifications if the design-builder also has the requirement to conduct its own independent investigation on those same specified conditions; NOPE, says the Court of Federal Claims. In, Metcalf Constr. Co., Inc. v. United States, 107 Fed. Cl. 786 (Fed. Cl. 2012), a design-builder,… Continue reading Can Design-Builders Rely on Owner Supplied Specifications…