Category: Getting Paid

Why You Should Litigate Rather Than Arbitrate

Arbitration has been a popular dispute resolution option in the construction industry. It is, in fact, a standard provision within many construction contracts. Generally believed to be a simpler, faster and better option to resolve a difference of opinion, this has proven to not always be the case. These are 4 reasons why. No Longer So Simple. It was often thought that discovery had no place in arbitration. That is not true. Discovery in an arbitration proceeding can be as long and as expensive as it is in litigation. While the parties can indeed limit the amount and type of ... Read more

558 Notice Costs: Guess Who Doesn’t Have to Pay?

A recent decision by the Florida Supreme Court is being celebrated by contractors.  In what was a case of first impression not previously decided by a state court in Florida, the Supreme Court has determined that the notice and repair process set forth in Chapter 558 of Florida Statutes is a “suit” within the meaning provided in standard comprehensive general liability policies. Over the last few years, contractors, subcontractors, and design professionals have struggled to deal with the ever-growing number of Chapter 558 notices.  Not only do these notices take up valuable time but they have become costly, with ever ... Read more

How to Get Paid, Fast!

One of the many reasons parties hesitate to file a court action to recover money owed is the cost of litigation and the length of time it takes to obtain a judgment. The Florida Legislature recognized this problem and set out a workable solution providing for swift payment. There is a little-known provision within Florida’s Construction Lien Law, which allows any person who provided labor, services or furnished materials constituting a permanent improvement to real property, on a private project, to get paid the undisputed amount owed on an expedited basis. For public projects, similar relief exists under a different ... Read more