Contracts

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…

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…

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…

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…

“Am I done with this job?” is a question often asked by contractors and design professionals upon completing their work. Well, until just recently, this was not an easy question to answer. First, there are those periods of continued…