ABSENT AMBIGUITY PLAIN MEANING GOVERNS
Absent Ambiguity, Plain Meaning of Contract Language Controls By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC The best contracts clearly and unambiguously spell out the rights and responsibilities of the parties. Where contract language is susceptible of more than one interpretation, however, courts are charged with the responsibility of determining the intent of […]
ARBITRATION IS A MATTER OF CONTRACT
By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC Arbitration is an alternative to litigation in the court system. There are two sides to the arbitration v. litigation debate and there are pros and cons to both forms of dispute resolution. Arbitration can be a quicker and cheaper process though this is less the […]
UNDERSTANDING CONDITIONAL PAYMENT LANGUAGE – THE DREADED “PAY IF PAID”
By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC Most subcontractors have had the unfortunate experience of being on the wrong side of a “take it or leave it” offer from a contractor regarding the form of a subcontract. The reality of the construction industry is that contractors often hold the cards and subcontractors […]
WHAT CONSTITUTES LAST WORK
WHAT COUNTS AS “LAST WORK” FOR TIMELY RECORDING YOUR LIEN? By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC Most lienors know that they must record their construction lien within ninety days of their “last work.” But just what constitutes “last work” for the purposes of a construction lien? Perhaps the most common question […]
DO YOU HAVE A LIEN CLAIM BOND CLAIM OR BOTH
By Douglas J. Roberts, Esq. Contractors working on construction projects must be proactive to protect their rights from the very beginning of the project. While a general contractor, subcontractor or material supplier will typically have a claim for breach of contract against their customer, the Construction Lien Law, Chapter 713, et seq., provides additional rights […]
FORCE MAJURE – CONSTRUING CONTRACT AS A WHOLE LEADS TO NO RECOVERY FOR CONTRACTOR
CONSTRUING CONTRACT AS A WHOLE LEADS TO NO RECOVERY FOR CONTRACTOR By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC It is a well settled rule of contract interpretation that, where possible, courts must read contract provisions harmoniously to give effect to all portions of the contract. That’s just what the court did inS&B/BIBB […]
FRAUD OR BREACH OF CONTRACT
By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC Unsatisfied parties to a contract most often bring claims for breach of contact. In certain limited circumstances, a claim for fraud may also be available to the aggrieved party. There are many reasons why a dissatisfied party to a contract may wish to bring a […]
ESCROW DEPOSITS
GENERAL CONTRACTOR NOT REQUIRED TO ESCROW DEPOSIT WHERE HOME BUYER OWNS THE LAND UPON WHICH HOME WILL BE CONSTRUCTED By: Michael E. Stearns, Esq. and Peter B. Rowell, Esq. Stearns, Roberts & Guttentag, LLC Florida Statute Section 501.1375 requires “building contractors” and “developers” to maintain trust accounts and to hold purchaser’s deposits in such accounts […]
FLA. STAT. CHAP. 558
COURT FINDS ABATING CASE ACCORDING TO CHAPTER 558 WOULD BE FUTILE WHEN MATERIAL SUPPLIER FAILS TO SEEK INSPECTION OF ALLEGED CONSTRUCTION DEFECTS By: Michael Stearns, Esq. Stearns, Roberts & Guttentag, LLC In Banner Supply Co. v. Harrell, 2009 WL 4927912 (Fla. 3rd DCA 2009) the court considered the issue of whether a material supplier could […]
FORCE MAJURE – COURT FINDS FORCE MAJEURE CLAUSE IN CONTRACT MUST BE INTERPRETED ACCORDING TO ITS PLAIN, UNAMBIGUOUS MEANING
COURT FINDS FORCE MAJEURE CLAUSE IN CONTRACT MUST BE INTERPRETED ACCORDING TO ITS PLAIN, UNAMBIGUOUS MEANING By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC In S&B/BIBB Hines PB 3 Joint Venture v. Progress Energy Florida, Inc., 2010 WL 457439 (Fla. 11 th Cir. 2010) the court reviewed the issue of whether a contractor […]