Author Archives: Construction Law Blog

Does the catalyst theory for recovery of attorneys’ fees apply to settlement agreements? (Does it apply, at all?)

Is the famed catalyst theory for recovery of attorneys’ fees still alive in Florida (was it ever) and how might it be applied to Settlement Agreements? Are you protected from / entitled to a claim for attorneys’ fees after you’ve settled? CONTINUE READING...

First Cost and Betterment – Two Types of Defenses against Claims for Construction Damages

If you are a designer or contractor who’s been accused of negligent design or construction, you will want to analyze the owner’s claimed damages to see if they might be reduced by the amount of the first costs or betterment. CONTINUE READING...

Penny Wise, Pound Foolish – Defenses and Affirmative Relief Sought Under a Construction Contract

Construction contracts serve a vital role in every project to protect the interests of parties and dictate the roles and obligations of each interested entity. Parties to a contract must review and understand each term within a contract and the interplay such terms may have with one another. But what happens when a lawsuit is filed and in response a party raises both defenses and affirmative relief they are rightfully entitled to under a contract, although such defenses and rights may otherwise be inconsistent with one another. CONTINUE READING...

READ Before You Dig – Florida’s Anti-Indemnification Statute is Inapplicable to Utility Contracts

Nothing can be certain, except death, taxes, and arguments about the enforceability of indemnification provisions in construction contracts. CONTINUE READING...

Does the Chapter 558 Process Constitute a “Suit” Under Commercial General Liability Policies?

Thus, the Court decided that the 558 process, under that particular CGL language, constituted a “suit” that triggers the insurer’s duty to defend the insured. CONTINUE READING...

Flow-Down Provisions: “Subject To” Language, Standing Alone, May Not Be Enough

If a general contractor-subcontractor dispute arises where the subcontract has a different dispute resolution provision than that of the prime contract, which clause governs? For example, the prime contract requires disputes to be litigated in state court, but the subcontract requires arbitration of disputes. Whether a court will enforce the dispute resolution clause in the prime contract as valid and binding on the subcontractor may depend on the existence and specific language of a “flow-down” provision. CONTINUE READING...

Design Professional Agreements – Who Are You Liable For?

Lillibridge has dispelled the myth that design professionals are only responsible for their design. The lesson from Lillibridge is that design professionals should be mindful of the ramifications of certain contractual relationships they undertake with design consultants. CONTINUE READING...

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