Published: January 18, 2019

A recent decision by Florida’s Fifth District Court of Appeal on Florida’s "anti-indemnity" statute" is one that should catch the attention of lawyers who draft and negotiate construction contracts in Florida.  

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Published: January 15, 2019

The Wall Street Journal recently reported that cyber-attacks by foreign governments into the nation’s electric grid are utilizing what it called "the system’s unprotected underbelly," the contractors and subcontractors that work for the utilities. According to the Journal’s reporting, a 15-person construction contractor in Salem, Oregon had fallen victim to a cyber attack, one that the Department of Homeland Security said was most likely carried out by a foreign government. 

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Published: January 9, 2019

According to statistics, only about 30 percent of family businesses survive to the second generation, and only about 10 to 15 percent survive to the third generation.  Although there are a number of reasons which may lead to this result, one factor which has definitely contributed to this "failure to survive" is the absence of an adequate business succession plan.  Whether you are a developer, contractor or other business owner in the construction industry--and whether you are the sole owner or one of multiple owners of your business--the implementation of a succession plan is an

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Published: January 2, 2019

Public Private Partnerships or, as they are commonly known, P3s or PPPs, are a method of involving private parties in some or all of the financing, design, construction and operation of traditionally public building or infrastructure projects.  Recently, P3s have become a more popular means of constructing or financing public projects.  They have received more attention because some states, such as Illinois, are short on public funds and long on the need to repair crumbling infrastructure and deliver necessary public buildings.  A P3 might entail a private entity participatin

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Published: December 11, 2018

Lying about the quality of concrete can result in jail time and a large settlement payment.  In Davidheiser v. Universal Concrete Prods. Corp., No. 1:16-cv-00316, a whistleblower, who worked as a lab technician for Universal Concrete Products Corporation ("Universal Concrete"), accused Universal Concrete and his former quality control manager of falsifying concrete quality data and providing concrete for a Washington D.C.

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Published: December 7, 2018

In Florida, parties often negotiate and include a waiver of consequential damages in construction contracts and design professional contracts.  However, based on a recent decision by one Florida appellate court, waiving the right to recover consequential damages may have a broader impact than intended.

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Published: November 19, 2018

United States Court of Appeals for the Federal Circuit recently held, in K-Con, Inc. v. Secretary of Army, that the bonding requirements under the Miller Act apply to federal government construction contracts, even when the bonding provisions were not part of the contract. C.A. No. 2017-2254, 2018 WL 5780251 (Fed. Cir. Nov.

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Published: November 15, 2018

Contractors always should put their insurers on notice of a potentially covered claim as soon as possible.  In many states, an insured typically will not be denied coverage for the late notice of a claim if there is no prejudice to the insurer, however, there are circumstances under which late notice alone can bar coverage.  A recent case before a New York appellate court demonstrates the importance of being aware that liability insurance policies subject to New York Insurance Law § 3420 law which were issued before January 17, 2009 are not subject to a requirement that an insurer

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