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...

Indemnitees, Is Your Claim Timely? Indemnitors, Don’t Forget the Statute of Repose Defense

If you want to bring an indemnification claim against another party, be mindful of the Statute of Repose and the Echeverri case. CONTINUE READING...

A Decade Later – Which Defendants Receive the Protection of Florida’s 10-Year Statute of Repose for Improvements to Real Property?

The 10-year statute of repose provides a strong defense to certain construction professionals for latent defects that are not discovered until well after the completion of construction. Are you one of the select group of construction professionals who receives the protection of the statute of repose? CONTINUE READING...

Is the Foreign Venue Provision in Your Contract Enforceable?

Contracts often contain a provision stating that the venue for all claims arising out of the contract shall lie solely and exclusively in a certain location or that the contract shall be enforced in the courts of a specific state. This typically is advantageous to the party that prepared the contract. The question is—is it enforceable? CONTINUE READING...

When a Local Ordinance Doesn’t Govern Your Business

If your business has been accused of violating a local law, check with your attorney as to whether you actually face liability, particularly if you established your business practices in accordance with a state law. CONTINUE READING...