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...

Stop Work Orders and Construction Project Site Abandonment Series: Part 2 – Construction Project Site Abandonment

The attorneys at Shutts & Bowen continue to closely monitor the rapid developments taking place in connection to the current crisis. This blogpost is part two in a series of two, focusing specifically on time-sensitive construction industry issues related to Stop Work Orders, Construction Project Site Abandonment, and what professionals in the construction industry can to do to protect themselves and others. CONTINUE READING...

The Corona Virus Effect – Empty Roads May Pave the Way to Help Lessen Economic Damage

In the midst of the turmoil visited by the COVID-19 Virus, Florida’s governor announced plans to try to “lessen the economic damage” by turning its recently emptying roads into an opportunity. CONTINUE READING...

Proactive Measures that can Provide Relief to Key Players in the Construction Industry

Despite recently issued stay-at-home orders across the state of Florida, most counties are allowing construction sites to operate normally for the time being. However, as the ongoing health crisis continues to escalate, key players in the construction industry can take proactive measures now in order to prepare for future issues or needs created by the pandemic. CONTINUE READING...

Stop Work Orders and Construction Project Site Abandonment Series: Part 1 – Stop Work Orders

This blogpost is part one in a series of two, focusing specifically on time-sensitive construction industry issues related to Stop Work Orders, Construction Project Site Abandonment, and what you – whether you are an owner, contractor, designer, trade, insurer or finance-provider – need to do to protect yourself and others. 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...

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