Doing Business in Florida Blog

No Change Order Jobs: Impossible Sell or Wave of the Future? 

June 11, 2021
Adam E. Richards  |  Construction

   The dreaded two words in the construction industry: change order(s) (“CO” or “COs”). Industry professionals, ranging from architects/engineers, owners, contractors, subcontractors, construction lawyers, carriers, lenders and sureties, each have experienced a project if not multiple projects turned sideways due to COs, or, better yet, disputed COs.  A CO is a modification to the parties’ construction contract, which can be additive or deductive, and can relate to scope of work and/or cost and/or time.  Those project participants also likely sought and relied upon some form of dispute resolution to resolve their disputed COs, and most forms of dispute resolution beyond the principals ironing things out between themselves are extremely expensive, and almost always reduce profits.

3D Printing: New Technology, New Risks

March 17, 2021
Stephanie M. Chaissan and Heidi Howard Tandy  |  Construction, 3D Printing , Intellectual Property, Copyright

The construction industry was booming in the United States in the first quarter of 2020 – then COVID-19 hit. The industry has experienced project delays and shutdowns, supply disruptions, increased safety protocols, rising materials costs, and labor shortages in the past year. But with the lessons learned from the 2008 recession and the use of emerging technology, the industry is poised to emerge stronger after the pandemic.

Does the Florida Legislature Finally Have a Fix to Construction Defect Law?

March 17, 2021
Jeffrey S. Wertman  |  Construction, Construction Defects Bill

Chapter 558 of the Florida Statutes contains a pre-suit notice and opportunity-to-repair process for construction defect claims. The statute was intended to be a more efficient, alternative dispute resolution mechanism involving a property owner providing written notice of claim to the responsible contractor, subcontractor, supplier, or design professional as a precondition for a construction defect lawsuit. 

Significant Changes Coming to the Florida Building Code

November 9, 2020
Jeffrey S. Wertman and Gina Clausen Lozier  |  Construction, Florida Construction, Building Codes , Insurance

The Florida Building Code seeks to establish unified and consistent minimum standards in the design, construction and compliance processes, and regulations for the safety, health, and general welfare of building occupants. The Code also protects property investments and saves the state and local governments money in mitigation costs linked to natural disasters, including hurricanes. 

What You Need To Know About Construction Weather Delay Claims

Jeffrey S. Wertman  |  Hurricane Preparedness, Hurricane Season, Construction

Inclement weather particularly tropical storms and hurricanes can have a devastating economic impact on a construction project. There may be labor cost overruns, material cost overruns, equipment rental overruns and disruption of cash flow due to time extensions and interest payments, just to name a few. Planning for and understanding weather delays claims will help construction businesses avoid disputes.

“Less than Expected” Effect on Construction Supply Chain from COVID-19?

June 16, 2020
Stephanie M. Chaissan  |  Construction, COVID-19, New Normal

Like all industries, construction is adapting to the “new normal” – and that likely means something different in each state, city, or municipality.  While some projects, companies, and locales may have been affected “less than expected,” some have felt the full brunt of work stoppages, material shortages, delays, and other effects of the global coronavirus pandemic.
 

COVID-19 Construction Site Job Safety Stand-Down

April 14, 2020
Jeffrey R. Margolis  |  Construction, Coronavirus Pandemic, COVID-19