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Tips for Dealing with a Construction Defect Claim in a Condominium

Typically, the condominium purchaser would look to the common law warranty of fitness and merchantability for relief on a defect claim, specifically alleging as grounds that the unit does not meet building and zoning codes or that the construction was not completed in a workmanlike fashion, that the plans and specifications were not fit for their intended use or simply that the premises are unfit and uninhabitable. However, the statutory implied warranty of fitness and merchantability, which runs from the developer, contractor, and subcontractors to the purchaser of the unit, can be one of the most powerful legal tools. The ... Read more

Releases Can Be Your Friend

If you understand how releases work, you can use them to your advantage during the course of a construction project. There is the release that you give to someone and there is the release you receive from someone. These two releases look very different and they serve two very different purposes. So let’s talk about the release that you may present to someone. It’s time for you to pick up a check and you need to exchange a release for that check. Don’t provide more than you have to. Present a release that is as narrow as possible. Typically that ... Read more

3 Ways to Get Paid Even if You Have a Pay-when-Paid Provision

A pay-when-paid (or pay-if-paid) contractual provision exists in almost every construction contract you are asked to sign these days. A pay-when-paid provision is a contract clause that shifts the risk of nonpayment from one party to another. As an example, with such a provision in place in a subcontract agreement, if the owner doesn’t pay the contractor, the contractor doesn’t have to pay the subcontractor. This is a legal defense to payment. It’s valid and enforceable in Florida and it’s important to understand that a pay-when-paid provision can mean you may not be paid. In Florida, pay-when-paid provisions are enforceable ... Read more