article thumbnail

Construction Shop Drawing Review and Approval – Who Owns the Risk?

Jimerson Firm

Shop drawings play a vital role in construction projects. Comprehensive construction contracts may define shop drawings to include diagrams, illustrations, schedules, and other data or information that are prepared or assembled by or for the contractor to illustrate some portion of a parties’ scope of work. United States v.

article thumbnail

Contractors Beware: The Importance of Due Diligence in Construction Contracting—A Lien Rights Horror Story

Jimerson Firm

In the world of construction, contracts form the foundation for successful projects, and most contractors understand the importance of negotiating their contract terms. One critical component of due diligence is analyzing your construction lien rights. A recent case illustrates the dangers of falling into this trap. Tucker , 365 So.3d

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

What Should Construction Contractors Do When a Property Owner Files For Bankruptcy?

Jimerson Firm

A construction project to a screeching halt when a property owner files for bankruptcy, creating a serious risk of substantial losses for the contractor, as well as subcontractors and suppliers. The list of creditors receiving the Notice should include the general contractor of an incomplete construction project. See 11 U.S.C. §

article thumbnail

What are the Types of Damages a Property Owner Can Recover for Construction Defects?

Jimerson Firm

When a property owner experiences construction defects in their property, one of the important considerations as to whether or not to pursue a construction defect lawsuit is what types of damages may be available to remedy the defects. Initially, it is important to understand what constitutes a construction defect.

article thumbnail

Five Key Provisions Construction Material Suppliers Should Include in Customer Credit Agreements

Jimerson Firm

Material suppliers in the construction industry will often need to extend credit to their contractor and subcontractor customers due to the payment cycle on construction projects that can often run 30 days, 60 days or even longer. Termination The credit agreement should address the term of the agreement, and how it can be terminated.

article thumbnail

The Top Five Things Lenders Need to Know About Florida’s Construction Lien Law

Jimerson Firm

Florida’s Construction Lien Law found in Chapter 713, Florida Statutes, may seem like an area of the law that is only relevant to contractors and property owners. However, there are important aspects of the Construction Lien Law that can directly affect the rights and obligations of lenders in numerous ways. Specifically, under Fla.

article thumbnail

Application of the Business Judgment Rule to Community Association Board of Directors

Jimerson Firm

In the event the dispute evolves into a lawsuit, the business judgment rule will protect directors from personal liability so long as they did not breach their fiduciary duty. Application of Business Judgment Rule to Community Associations. As a result, disputes sometimes arise between the association and its members. In Miller v.

Judgment 105