Dillon Aisenberg, William Gillis, Jr. and Stephen Willig | MG+M The Law Firm Overview In the case of Bandklayder Dev., LLC v. Sabga, No. 3D23-1906, 2025 WL 15275 (Fla. Dist. Ct. App. Jan. 2, 2025), a Florida Appeals Court followed established Florida precedent holding that damages for a breach of construction contract claim are to be… Continue reading Florida Appeals Court Clarifies Timing for Damages in a Breach of a Construction Contract
Tag: Construction Contract
Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay
Jessica duHoffman and Jonathan Neri | PilieroMazza Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier subcontractors are often permitted to seek additional costs stemming from owner-caused delays—commonly referred to as compensable delays. However, the presence… Continue reading Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay
Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents
Jake Carroll and Jenna Lasseter | Nelson Mullins Riley & Scarborough When negotiating construction contracts, attorneys often focus on the American Institute of Architects (AIA) A201-2017 General Conditions, a widely used standard in the industry. However, construction loan agreements, drafted from the lender’s perspective, frequently contain provisions that conflict with or impose additional obligations beyond… Continue reading Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents
Toolbox Talk Series: Direct Versus Consequential Damages–Is There a Clear Demarcation?
Brendan J. Witry | The Dispute Resolver In Hadley v Baxendale, 9 Ex. 341 [1854], of 1L Contracts lore, the Court of Exchequer set out the dichotomy of direct damages and consequential (or indirect) damages. In the 170 years that have followed, lawyers on both sides of the Atlantic have sought to parse out what are… Continue reading Toolbox Talk Series: Direct Versus Consequential Damages–Is There a Clear Demarcation?
A Good Read on Fraud versus Contract
Christopher G. Hill | Construction Law Musings Here at Construction Law Musings, I have discussed the interwoven issues of fraud, contract, and the Virginia Consumer Protection Act (VCPA) on several occasions. In most cases, the three simply don’t mix, acting more like oil and water than parallel causes of action. There are exceptions however so these three are always worth exploring in most… Continue reading A Good Read on Fraud versus Contract