Based on my 25 years of experience in practicing federal procurement law, the single biggest cause of bid protests and contract disputes is the failure to “ask the question.” While I can’t tell you what the question is because it’s never the same, I can tell you that by “asking the question” you can save […]
Widerman Malek Law Blog
If you suffered damage from Hurricane Irma, you need to notify your insurance company immediately. If you are having repairs done at your home you need to: Ensure the work is being done by a Florida licensed contractor. If you are told a Florida license is not needed, confirm with your local building department. You […]
Contractors and subcontractors should be excited, okay, happy at least, that Florida’s Statute of Repose has been recently amended. WHAT IS THE CHANGE? The major change to Section 95.11, Florida Statutes (2017), is the start of the ten-year statute of repose period. The statute of repose sets the last day by which a suit must […]
Most contractors and subcontractors know there are notice provisions in their contracts, but they are not always followed to the letter. The Eleventh Circuit Court of Appeals just sent a clear message that if you do not follow the notice and termination provisions of a bond, the surety may be off the hook. What is […]
In two recent opinions, one from the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”), the Boards confirmed that a final release really means a final release.
Over the years, I have reviewed many estimates and contracts from various types of contractors and homeowners. In most cases, I have found that the contractor did not include several items required by Florida law to be in their estimates or contracts. These are:
Are you the owner of a condominium that suffered damage from the recent hurricane? It is frustrating when the condominium association points the finger at the insurance company and the insurance company points back at the condominium association. Or maybe they are both pointing the finger at you. Meanwhile, your unit was damaged, it was […]
Paying the Debt of Another
A question arose not too long ago about whether paying the debt of another would require continued payments. In other words if company A pays company B’s existing creditor for one month, or even several months, does company B now have an obligation to continue paying company A’s creditor? If company B does have an obligation, then the creditor can likely come after company B for company A’s debt should both companies fail to make a payment.
No matter how hard TV shows try, they are just not the reality they portray. Prime example is law related shows. First you have the crime or the incident and then you are in trial, the most exciting part. But what happens in the middle can be the deciding factor whether your case survives, settles, or […]
Why is the Timing of Substantial Completion so Important?
The contract is the first place to look to determine the specifics of when a certificate of substantial completion should be issued. Assuming it is the point where a certificate of occupancy (CO) is also issued, this means that the governing authority has to approve the building to be occupied and used for its intended use. At this point, the contractor will often prepare a list of items to be completed for the architect and/or engineer to review and inspect. The architect and/or engineer will prepare the certificate of substantial completion and set a deadline to complete the final items. Depending on the contract, this is usually the point where the owner will have to pay the “final” payment minus costs to complete the final items. This is the number one reason issuance of the certificate of substantial completion is so important to a contractor (and/or subcontractor).