Your options when a construction contract is breached
Malka & Kravitz, P.A. Blog
by willcrain
1M ago
Your construction contracts are vital to keeping your construction business running. When a contract is breached the consequences can be devastating, delaying or derailing your entire construction project. While some of your contracts may be oral, generally your contracts will be in writing, signed by both parties and detail the exact obligations of both parties. Common terms in construction contracts include what work one party will do and how much the other party will pay for it. Other terms typically include the type of materials to be used, a deadline for the work to be completed by and an ..read more
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Generating a resolution for your construction law matters
Malka & Kravitz, P.A. Blog
by willcrain
2M ago
A construction project has many working parts. For a successful completion of the project to occur, all components of the project must come together without issue. While this is an ideal situation, the reality is that it is not uncommon for issues or disputes to come up at any point or phase of the project. A construction issue or dispute in Florida and elsewhere could arise because of disagreements during the negotiation of a contract, a breach of a contract, defects, licensing issues, insurance issues, payment disputes and the like. Because a construction dispute could impact the project by ..read more
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Enforcing a payment or performance bond
Malka & Kravitz, P.A. Blog
by indraneildeyexela
4M ago
If you are in the construction industry, you might be aware that project owners can require a construction payment bond or a construction performance bond. They are usually addressed as part of the contract between the project owner and the construction contractor performing the work. Payment and performance bonds Payment and performance bonds are surety bonds. They are used to ensure that a project is fully completed. A payment bond guarantees that the construction contractor will pay its subcontractors, workers and suppliers and that the project owner will not be financially responsible for ..read more
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Make sure your contracts are enforceable
Malka & Kravitz, P.A. Blog
by willcrain
4M ago
To run a business, you need to know you can rely on your partners, customers, suppliers, employees, investors and others. That means you need valid, legally enforceable contracts. Florida law puts special requirements on certain types of contracts, some of which are of particular relevance to the construction industry. In this blog post, we’ll explore some of these requirements. The basics of contracts A contract is a legally enforceable agreement between two or more parties. Traditionally, the only requirements for most types of contracts are: Offer Acceptance Consideration The first two are ..read more
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Alternatives to litigation for construction disputes
Malka & Kravitz, P.A. Blog
by willcrain
5M ago
Construction is a high-risk industry in many ways. Millions of dollars can be at stake in even a relatively modest construction project, and multiple businesses can be involved, including not only construction contractors, but also real estate concerns, insurance companies, finance companies and more. As a result, any legal dispute that arises over a construction project can be very difficult to resolve, and can quickly turn very expensive. One way to reduce the costs and complications is by resolving the dispute out of court. This also has the advantage of helping to preserve the privacy of t ..read more
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Can contractors place a lien on a property if they are not paid?
Malka & Kravitz, P.A. Blog
by indraneildeyexela
5M ago
For general contractors, contractors, subcontractors and construction material suppliers, getting paid can often be an issue. Even on big projects with multiple sources of funding, there always seems to be a reason not to get paid. But, if you worked on a Florida construction project or supplied materials for one, but have not been paid, you may have the right to place a lien on the property, which can help get you paid. What is a lien? A lien is a legal claim that gives you a security interest in the property until you receive payment. It can stop a property sale or refinance until the lien i ..read more
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How can you defend against contract interference claims?
Malka & Kravitz, P.A. Blog
by willcrain
5M ago
You probably don’t need us to tell you that the construction industry is highly competitive. As a result, there are often contractual issues that disrupt business operations and lead to allegations of wrongdoing. If you end up on the receiving end of those accusations, then your business’s financial stability and its reputation can be put on the line. This is especially true if you’ve been accused of contract interference. Can you defend against allegations of contract interference? It depends on the circumstances of your case, but there are legal grounds that allow for interference with a con ..read more
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Getting the most out of your construction mediation
Malka & Kravitz, P.A. Blog
by willcrain
7M ago
You do your best to avoid disputes during the construction process, but inevitably some will arise. Before heading into the courtroom to litigate, construction mediation is an option you should consider. Alternative dispute resolution methods, such as mediation and arbitration, are becoming increasingly popular methods to resolve many different types of disputes, including construction disputes. Mediation has several benefits. You will likely save time and money and be happier with the outcome. Mediation is also a better option if you wish to preserve your business relationships. The mediator ..read more
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Addressing construction insurance disputes
Malka & Kravitz, P.A. Blog
by willcrain
8M ago
Construction insurance is intended to provide coverage for contractors, builders and property owners who are faced with risks during a construction project. Common coverage There are several items that construction insurance usually covers. The first provides coverage for damage to the construction site. This could include damage or loss of a building or equipment. It may also cover damage caused by fire and natural disasters, as well as for theft. It’s common that the policy will also cover injury to third parties or for damage to a third party’s property. Some policies also cover project int ..read more
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Negotiating your construction contracts
Malka & Kravitz, P.A. Blog
by indraneildeyexela
8M ago
As a construction contractor in Florida, you know that the success of your construction projects depends heavily on having good contracts in place. A good contract clearly states the goals, requirements and objectives of each party and the penalties for breaching the contract. It also addresses what to do if the construction project is delayed for various reasons, such as defective equipment or supply chain problems. Remember that negotiation goes both ways You may feel like you do not have any leverage when it comes to negotiating your construction contracts, but that is not often the case. Y ..read more
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