If you execute a release in exchange for payment or other consideration, remember the language in the release means something. THE RELEASE LANGUAGE MATTERS! And the meaning in the release may be way more than you intended so please make
Kirwin Norris, P.A. Blogs
Latest from Kirwin Norris, P.A.
Is a Contractor Always Required to Continue to Work During Disputes?
Many construction contracts require a contractor or subcontractor to continue to work during a pending dispute between an owner and a contractor or a contractor and subcontractor. One purpose of requiring continued performance is to ensure that good faith disputes
OWNER CAN’T PURSUE STATUTORY SHOW CAUSE COMPLAINT TO CANCEL LIEN… FAIR OUTCOME?
If there is a payment dispute with a construction lienor — could be a contractor, a subcontractor, or supplier – it is possible, and more than likely, a construction lien may get recorded against real property. This scenario is not
NONDELEGABLE DUTIES
Have you heard the expression “nondelegable duty”? The issue of a nondelegable duty comes into play when a party hires an independent contractor and the independent contractor commits negligence, primarily in the personal injury context. In other words, a plaintiff
CONTINUING BREACH DOCTRINE
Have you ever heard of the “continuing breach” doctrine? Probably not. It is not a doctrine commonly discussed. It’s a doctrine used to try to argue around the statute of limitations.
In an older Southern District Court of Florida case,
PROVIDING YOUR INSURER PROMPT NOTICE
Sometimes, when it comes to insurance, you may hear the argument that you breached your insurance policy by failing to provide your insurer with prompt notice as the insurance policy requires. Well, this is not such an absolute issue. With
IMPAIRING YOUR INSURER’S SUBROGATION RIGHTS
Liability insurance policies have a provision that allows them to subrogate to the rights of their insured. This provision is commonly referred to as a transfer of rights provision and reads:
If the insured has rights to recover all or
DON’T IGNORE A NOTICE OF CONTEST OF LIEN
A recent case, Jon M. Hall Company, LLC v. Canoe Creek Investments, LLC, 49 Fla.L.Weekly D812a (Fla. 2d DCA 2024), demonstrates four important things when it comes to liens:
Does an Owner Have a Choice Between Liquidated and Actual Damages for Late Completion of a Project?
I have written many posts about the enforceability of liquidated damages clauses in construction contracts—a topic that interests many people in the construction industry.
Occasionally, you may see an owner argue that under a liquidated damages provision, the
A TERMINATION FOR CONVENIENCE IS NOT A TERMINATION FOR DEFAULT
A termination for convenience is NOT a termination for default. They are NOT the same. They should NOT be treated as the same. I am a huge proponent of termination for convenience provisions because sometimes a party needs to be