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...

DBE REGULATIONS: A CAUTIONARY TALE

In the last six years, the Department of Transportation, acting through the Office of Inspector General, the Justice Department, and state and local investigative agencies, has actively cracked down on fraudulent disadvantaged business enterprise arrangements and their participants. CONTINUE READING...

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...

Construction Liens– Is the Work Actually An “Improvement?”

Florida courts seem to suggest that certain cleaning and maintenance services are not lienable under Chapter 713, Florida Statutes. CONTINUE READING...

The Beneficiaries of “Pay-if-Paid” Clauses in Construction Contracts

While the law of contract formation allows parties “freedom to contract”, in construction law, general contractors have largely negotiated a shift in the distribution of risk to the subcontractor with the inclusion of “pay-if-paid” contractual clauses that make the general contractor’s receipt of payment from the owner a condition precedent to the ultimate payment to the subcontractors. CONTINUE READING...