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Robert Tanner
In Univ. Cmty. Hosp., Inc. v. Prof’l Serv. Indus., No. 8:15-cv-628-T-27EAJ, 2017 U.S. Dist. LEXIS 26298 (M.D. Fla. Feb. 24, 2017) Florida Hospital Tampa (Owner) had consulting agreements with Professional Service Industries, Inc. (Engineer) to perform soil analysis and recommend for a specific type of foundation in the construction of a new emergency department.  Engineer completed...
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In Lexon Insurance Company v. City of Cape Coral, 2017 WL 5759059 (Fla 2d DCA Nov. 29, 2017), the court held that the five-year statute of limitations on a surety bond contract begins to run once the bond principal (typically a contractor) breaches the bonded contract, not when the bond obligee (typically the owner) demands...
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Likely impacts that Hurricane Irma will have on South Florida’s construction industry include: Strain on availability of construction materials, resulting in increased construction costs.  (Does your contract have an escalation clause?) Additional strain on availability of qualified labor Delays in contractor availability to perform work, as contractors (especially roofing contractors) dry-in as many buildings as...
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What to know: a winning plaintiff will usually recover interest from the date the debt came due.  But, not always.  Equitable considerations can result in the complete denial of prejudgment interest. The general rule is that prejudgment interest is simply another element of a plaintiff’s damages that is awarded to make the plaintiff whole.  If...
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Case:  Don Facciobene v. Hough Roofing, Inc., 2017 WL 3051578 (Fla. 5th DCA July 21, 2017). What to know: A contract entered into between two parties can be replaced if the two parties agree.  For example, a contract may be formed when a contractor accepts a proposal submitted by a subcontractor; but, if the subcontractor...
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2017 Enrolled Amendment to Statute of Repose for Construction Cases In Florida, the time for bringing a lawsuit for construction defects that are latent is “10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or...
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UNLICENSED CONTRACTING LAW IN FLORIDA: TAYLOR MORRISON SERVICES, INC. V. ECOS Florida unlicensed contracting lawyer  Robert S. Tanner, Esq. The Short Story Unlicensed contracting is a common claim and, certainly a more common occurrence, in Florida.  It is illegal and often leads to severe disappointment or financial setbacks for the person who hired the unlicensed...
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FLORIDA’S LOCAL GOVERNMENT PROMPT PAYMENT ACT: CONTRACTOR’S RIGHTS By: Robert S. Tanner, Esq. Florida Bar Board Certified Construction Lawyer Cash flow is an important aspect of a contractor’s financial evaluations and forecasts.[1]  An owner’s failure to pay timely can break a contractor.  Florida law provides contractors with a statutory right to prompt payment.  In this...
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NOTABLE CONSTRUCTION CONTRACT PROVISION:  ARCHITECT AS FINAL DECISION-MAKER By: Robert S. Tanner, Esq. Florida Bar Board Certified Construction Lawyer Contract provisions appointing an architect or engineer as the “final decision-maker” are not unusual in prime contracts.  It is less common for such provisions to appear in subcontracts. Trial Court Ignores “Final” Part of Architect’s Determination...
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IF YOUR CONTRACT DOES NOT INCLUDE A REQUIREMENT FOR NOTICE OF TERMINATION, THE LAW STILL MIGHT REQUIRE THE NOTICE “Look, the contract says nothing about it, so I cannot be required to do that!” Maybe.  But, maybe not. Within the UCC (Sales) there are provisions that supplement the terms of a contract, or will be...
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