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Showing posts from August, 2017

Contractors and Subcontractors Beware

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Contractors and Subcontractors beware of shopping center, retail and out parcel projects. Big box and specialty retailer store closures may impact collectability for ongoing projects. Fortune 500: The Death of Retail is Greatly Exaggerated | Fortune.com  

TOP TEN CONSTRUCTION CLAUSES - PART IX - PAYMENT TERMS

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TOP TEN CONSTRUCTION CLAUSES – PART IX – PAYMENT TERMS This article is the ninth in a ten-part series analyzing the top ten critical construction clauses.  In this installment, we analyze the “payment terms” provision, which encompasses a discussion on retainage and final payment.  This article will focus primarily on the updated American Institute of Architects’ Agreement between the Owner and Contractor (AIA Document A101-2017) as well as Florida case law.                                 I.             OVERVIEW The payment terms provision is perhaps the most palpable of all construction clauses as each party to a construction contract has unique concerns when it comes to payment.  An owner is concerned about overpaying its general contractor before its work is completed and will require some kind of assurance that the work will be completed.  Meanwhile, a general or subcontractor is concerned about receiving prompt payment so not to create financial hardship.  I

TOP TEN CONSTRUCTION CLAUSES - PART VIII - INCORPORATION BY REFERENCE

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TOP TEN CONSTRUCTION CLAUSES PART VIII—INCORPORATION BY REFERENCE This is the eighth installment in a ten-part series analyzing critical construction clauses.   This installment analyzes the “Incorporation by Reference” provision. The first seven articles can be found on our blog at http://sotolawgroup.blogspot.com/ . The incorporation by reference clause, sometimes called a flow-down or pour-over clause is the basis by which parties to a contract include upstream contract requirements without specifically attaching them. Typically, this occurs between the contactor and subcontractors. Below is the pertinent section of the incorporation clause taken from AIA form A401. AIA "Standard Form of Contract Between Contractor and Subcontractor" (A401) Article 1 The Subcontract Documents  1. The Subcontract Documents consist of (1) this Agreement; (2) the Prime Contract, consisting of the Agreement between the Owner and Contractor and the other Contr

TOP TEN CONSTRUCTION CLAUSES - PART VII - NO DAMAGES FOR DELAY

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TOP TEN CONSTRUCTION  CLAUSES PART VII—NO DAMAGES FOR DELAY This is the seventh installment in a ten-part series analyzing critical construction clauses.  This installment analyzes the “No Damage for Delay” provision. My first six articles can be found on our blog at http://sotolawgroup.blogspot.com/ . A.     Overview and Background Most construction contractors and subcontractors assume that if they encounter a delay on the project that is not attributable to them, for example, changes in the sequencing of the work ordered by the project owner, discovery of hazardous materials or unknown conditions at the project, or adverse governmental actions, that they would entitled for reimbursement for damages caused by those delays. Such damages could include unabsorbed home office overhead, remobilization/acceleration costs, or increased materials costs. However, an increasingly common contract provision, known as the “No Damages for Delay P

Firm Lawyer Jose A. Rodriguez, Esq. Achieves Board Recognition as a Construction Law Expert

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       PRESS RELEASE                FIRM LAWYER JOSE A. RODRIGUEZ, ESQ ACHIEVES BOARD RECOGNITION AS A CONSTRUCTION LAW EXPERT         The Soto Law Group, P.A., is pleased to announce that Jose A. Rodriguez, Esq., has been recognized by the Florida Bar as a Board-Certified Specialist in Construction Law. Board certified lawyers are evaluated for professionalism and tested for expertise. Of the lawyers eligible to practice law in Florida, 7 percent have earned board certification.            Board certification is the Florida Bar's highest level of recognition of an attorney's competence and experience in one or more of the 26 areas of law approved for certification by the Supreme Court of Florida. Only attorneys who have earned the Florida Bar's “board-certification” distinction are allowed to describe themselves as legal specialists or experts in a specific field of practice.           To receive his designation as a Florida Board Certified Specialis