Category: Contracts

Can You Recover Your Legal Fees

The general rule in Florida is that a party in a civil action shall not be entitled to recover attorney’s fees unless the claim is one based on either a contract or statute which authorizes such a recovery. But there is also one other less known and less used way a party may recover fees. The wrongful act doctrine permits the recovery of attorney’s fees when one incurs such fees as a result of unnecessarily having to maintain or defend a lawsuit with a third party. For example, let’s say Seaside Condominium sues Able Contractors for defective work and in ... Read more

Timing Is Everything in Construction

Most people enter into a construction contract with the understanding that performance will occur within a specific timeframe. When that doesn’t happen, everyone tends to look to the terms of the contract for recourse. And if they find specific language, making it clear that time does matter – that “time is of the essence” – then they’ll have found a contract provision which could make all the difference. When “time is of the essence” is included in a contract, delayed performance of any contract term will likely result in a material breach of the contract. This essentially allows the non-breaching ... Read more

3 Different Exposures in Construction Contracts

Though often found together these three provisions have very different meanings. A “hold harmless” clause is the provision which, if drafted correctly, has the effect of releasing one from liability. Indemnification shifts liability from one party to another. A “duty to defend” means just that and is a separate and distinct obligation from any duty to indemnify or a duty to hold harmless. The duty to defend requires one to provide a defense and pay the legal expenses associated with such defense – no small obligation, especially when you consider this duty is triggered whatever the merits of the claim ... Read more