UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY
EXCAVATION SUBCONTRACTOR’S SUMMARY JUDGMENT ON “ONE CALL” NOTIFICATION PROPER By: Michael E. Stearns, Esq. and Peter B. Rowell, Esq., Stearns, Roberts & Guttentag, LLC In MasTec, Inc. v. Suncoast Underground, Inc., 2010 WL 173611 (Fla. 3rd DCA 2010) the court reviewed the issue of whether the City of Cocoa properly notified an excavation subcontractor with […]
I RELEASED WHAT?
I RELEASED WHAT? WORDS MATTER, BE CAREFUL WHAT YOU SIGN By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC There is perhaps nothing more common in Florida’s construction industry than the concept of providing a release in exchange for payment. Every day, contractors, subcontractors and suppliers execute releases in exchange for payment or in […]
TO ARBITRATE OR LITIGATE – THAT IS THE QUESTION
By Douglas J. Roberts, Esq. If you are scouring your written contract to determine whether you are going to have to litigate a case in court, or whether you’re bound by an arbitration clause, then chances are you have already missed your best opportunity to choose your preferred method of dispute resolution – – at […]
WHAT CAN I INCLUDE IN MY LIEN?
By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC A question often asked by lienors is “What can I include in my lien?” The answer is fairly straight forward and is found in Florida’s Construction Lien Law. A lienor can include, “any money that is owed to him or her for labor services, materials, […]
SCOPE OF ARBITRATION CLAUSE
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 […]
FOURTH DISTRICT REAFFIRMS EICHLEAY RULE FOR HOME OFFICE OVERHEAD CLAIMS
By: Douglas Roberts, Esq. In Martin County v. Polivka Paving, Inc., 2010 WL 1881089 (Fla. 4th DCA 2010) the court reviewed the issue of whether a contractor on a government project could be awarded damages for home office overhead when a contract was delayed, but not entirely suspended by the government. Martin County (“County”) and […]
UNJUST ENRICHMENT
CONTRACTOR RECOVERS ITS OUTSTANDING BALANCE OWED UNDER CONSTRUCTION CONTRACT WITH TENANT FROM LANDLORD By: Leandro E. Lissa, Esq., Stearns, Roberts & Guttentag, LLC In Florida, a successful claim for unjust enrichment requires proof that: (1) the plaintiff has conferred a benefit on the defendant; (2) the defendant has knowledge of the benefit; (3) the defendant […]
EQUITY, LIENS AND LEASEHOLD INTERESTS
By: Michael E. Stearns, Esq. Construction liens are creatures of statute. That is to say, they were created through enactment of legislation. There is no such thing as a common law construction lien. A construction lien has traditionally be excellent security for payment for work performed. This has been true, in part, because a construction […]
CONTRACTOR’S ALLEGED KNOWLEDGE OF SUBCONTRACTOR’S LACK OF LICENSE HELD NOT A DEFENSE TO BREACH OF CONTRACT CLAIM
By: Douglas J. Roberts, Esq. Where a contractor or subcontractor is unlicensed and enters into a contract, the contract is void and unenforceable by the unlicensed contractor. In Earth Trades, Inc. v. T&G Corporation, 2010 WL 3359412 (Fla. 5th DCA 2010), Earth Trades, a subcontractor, entered into a subcontract with T & G Corporation (T […]
READ THE FINE PRINT OR YOU MAY BECOME PERSONALLY LIABLE
By: Douglas J. Roberts, Esq. Generally, officers and directors of corporations are not personally liable for the corporation’s obligations under a contract. However, a party to contract negotiations seeking more assurance than the mere performance of a corporation may attempt to obtain a personal guarantee from the corporation’s principal that is signing the contract by […]