Bennett Legal Group, P.A.

Types of Construction Contracts Recognized in Florida

Wed, 24 Apr 2024 18:47:00 GMT

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Understanding the Operation and Enforcement of the Florida Construction Lien Law

Mon, 25 Mar 2024 18:27:00 GMT

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Filing a Complaint Against a Contractor in Florida

Mon, 26 Feb 2024 21:34:00 GMT

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What You Need to Know About Residential Construction Claims in Florida

Wed, 31 Jan 2024 20:54:00 GMT

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Top 10 Issues with Construction Contracts

Mon, 22 Jan 2024 21:16:00 GMT

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What You Need to Know About Construction Litigation in Florida

Thu, 21 Dec 2023 23:13:00 GMT

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Mechanic’s Liens on Your Title in Florida

Tue, 28 Nov 2023 22:23:00 GMT

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What is Substantial Compliance in Florida?

Mon, 23 Oct 2023 20:26:00 GMT

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Common Causes of Commercial Real Estate Disputes in Florida

Thu, 05 Oct 2023 19:26:00 GMT

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Remedies for Breach of Contract in Construction Law

Tue, 08 Aug 2023 16:51:00 GMT

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What are Some Common Disputes in Commercial Construction?

Thu, 15 Jun 2023 20:47:00 GMT

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Construction Escrow: What Contractors & Suppliers Need to Know

Thu, 15 Jun 2023 19:55:00 GMT

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What is the Function of a Lien Waiver in Florida Construction Law?

Fri, 07 Apr 2023 14:15:00 GMT

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DeVos Family Foundation Donates $95K to Harbor House to Combat Domestic Abuse with Family Justice Center

Fri, 24 Mar 2023 21:17:00 GMT

Harbor House of Central Florida, a nonprofit that helps domestic abuse survivors, has received a donation of $95,000 from the DeVos Family Foundation. This donation will enable Harbor House to establish the Family Justice Center, which will provide wraparound services for families seeking services under one roof. This initiative is the first of its kind in Central Florida and is expected to help at least 4,300 clients per year. Bennett Legal Group’s founder, Brian Bennett , who is also the President of the Harbor House Board of Directors, is thrilled to be a part of the nonprofit organization’s effort to prevent and eliminate domestic abuse in Central Florida. The DeVos family’s initiative will donate a total of $3 million to 30 nonprofit organizations over 18 months, impacting youth, essential needs for families, and community enrichment across Central Florida.

Read the full article here: https://www.nba.com/magic/news/devos-family-foundations-gift-to-harbor-house-of-central-florida-strives-to-help-break-the-cycle-of-domestic-abuse-through-introduction-of-family-justice-center-202303
published on NBA.com | March 9, 20238:06 PM EST

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5 Ways to Improve Collaboration in Construction

Mon, 07 Nov 2022 22:44:00 GMT

With the increasing complexity of construction projects, effective collaboration has become increasingly critical for completing projects on time and on budget, while still delivering high quality results. Collaboration can lead to innovation, cost savings, and added value for the client, as well as reduced errors and unneeded rework.

True collaboration is not an easy task to achieve. It requires careful planning, coordination, and buy-in from all parties involved in the project.

Why do we care about collaboration in construction?

Miscommunication is a problem on any job site, and it can happen for many reasons, such as delays in the transfer of information or unclearly defined workflows. But with the right tools and protocols onsite, you can ensure good communication between employees and teams that will lead them through projects successfully.

Here are 5 ways to Improve Collaboration in Construction

Create a Communication Chain

The best way to avoid confusion and ensure that your project runs smoothly is by establishing a clear line of command. This will allow everyone on the team, from managers all the way down to employees, to have knowledge about what needs to be done in order for them to complete their tasks efficiently, with safety concerns maintained at every step of the way.

A communication chain can also provide top-level information which helps keep things running effectively if there are any issues arising during implementation.

Create a Timeline

Collaboration is the backbone of any successful project. Joining forces with key stakeholders from early on in a design process can lead to better decisions being made and create trust among all parties involved, which will result in less time wasted as well as successful projects. Creating a schedule and timeline for workflows can help to achieve this goal.

Encourage Communication

Collaboration means working together as one cohesive unit to achieve a common goal. It’s crucial for projects, tasks, and deadlines; without it you might not make your deadline or reach your goals.

Solid and cohesive communication can be accomplished by establishing clear lines to direct point-of contacts: who will act on behalf of each party within the group. That way it would ensure that all parties have input, making it easier to predict problems.

Use Technology

The use of technology in construction has made it easier to collaborate with others and monitor progress. The latest trend is Building Information Modeling (BIM), which allows architects, engineers & contractors to access real time data on project status from one centralized system.

Software solutions can be a major asset that drives consistency and facilitate collaboration when team members have access to the same information in real-time.

When collaborating on projects, there’s always some leakage or disclosure that takes place; however, by having all vital data at your fingertips, you will find these instances significantly reduced.

Build a Communication Routine

Weekly team and pre-construction meetings can help to ensure that your workers stay on the same page regarding planned projects, and expectations of their roles and responsibilities.

Make a list of all the things you discussed during your meeting and share it with team members so they can refer to these notes.

Contact a Construction Law Firm For Help

With these easy tips for improving communication on the job site, your project will go smoothly, on time, and budget, and all of your employees’ needs met.
At Bennett Legal Group in Florida , we aim to prevent legal issues from escalating and adversely impacting futures. Call us today at 407-734-4559 to arrange a consultation, or complete a short form and let us know the nature of your issue.

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Types of Construction Delays

Thu, 18 Aug 2022 21:51:00 GMT

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The Importance of Construction Lawyers for Contracts

Thu, 21 Apr 2022 14:30:00 GMT

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Contract Disputes

Tue, 07 Jul 2020 07:30:00 GMT

When you are involved in a construction contract dispute , it is crucial that you get proper legal representation. Contracts are legally binding agreements that need to be understood by all parties involved and when disputes arise, they are difficult to navigate and resolve. At Bennett Legal Group, we have extensive experience assisting our clients with their contract disputes in a professional manner.

In Florida, the rules to interpret most contracts are similar to those of other states. That said, when disputes arise, having an experienced attorney on your side to review contract terms and to make the most of them support your position can make all the difference. We have experience navigating our clients through their contract disputes because we are knowledgeable of not only the rules and regulations surrounding contracts, but we know how to negotiate contracts effectively.

The Uniform Commercial Code (UCC)

One set of laws that deals with commercial transactions and has been adopted by all fifty states is the Uniform Commercial Code (UCC) . The UCC does not apply to every situation, but when it does, there is a well-developed body of law that provides guidance in the event of disputes. The most common part of the UCC that applies to construction projects is Article 2, which applies to the “Sale of Goods.” You might wonder how this uniform law could apply to a construction project, but you may be surprised to learn that it does apply under certain circumstances. Our experienced lawyers can help to guide you through the intricacies of when it may apply to certain contracts or purchase orders on your project.

At Bennett Legal Group, we understand that disputing or negotiating contract agreements can be messy. In many cases, contracts may be overlooked as parties do not want to hold up the pace of a project. If you have a contract dispute or legal issue, please contact us. We will ensure your rights are protected at every stage of the process. Call us today at 407-734-4559 .

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Coronavirus and Construction Management

Mon, 15 Jun 2020 07:15:00 GMT

While the COVID-19 pandemic continues to impact the construction industry as a whole, construction management needs to organize how they are proceeding as the virus progresses. The geographic location of projects and business operations, like the expansion of the virus itself, is influencing the ongoing impact and resulting conditions for those projects – whether public or private, large or small.

Managing construction through the coronavirus pandemic is a difficult mission. With the uncertainty of the nation’s well-being, it has been a stressful time to manage a team of workers who are also questioning the status of business openings and job safety. This is even more true in Florida, which (as of July 1, 2020) is beginning to look like a new epicenter for the virus.

In construction, once a project is underway, the timeline is tight. Skilled workers are in high demand and have new projects organized in advance. Delays in construction or temporary shut-downs may trigger a loss of skilled workers, legal battles, and may jeopardize the reputation of a construction company. Construction management needs to consider whether a loss in revenue and schedule slip are as valuable as making sure you have a healthy, reliable, skilled workforce in the coming months. It is a tightrope of decision making under circumstances that are, in many ways, unique.

At Bennett Legal Group, we understand that the virus is affecting everyone and creating unique legal issues for you and your business. We are available to guide you and your construction business through these difficult unprecedented times. If you have a question or concern, please contact us . We are here to help. Our office is fully operational and our lawyers and staff have full remote work capability if needed.

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How Will the Coronavirus Impact the Construction Industry?

Fri, 20 Mar 2020 12:43:00 GMT

Let’s face it, in the span of a few short weeks our lives have changed dramatically. The Coronavirus has begun its spread through the U.S. and is affecting almost every aspect of our lives. To slow and halt its progress, our government has resorted to aggressive measures to not only stop its spread but also mitigate the inevitable damage the virus may cause.

The fallout from all of this remains to be seen. However, one thing is for sure, it will have an inevitable impact on the construction industry. Some companies may be still operating business as usual, while others are feeling the strain. Some construction business owners are beginning to struggle with the immediate effects caused by canceled events, disrupted work schedules, and employee-related issues regarding health, income, and family life.

While the construction industry often deals with complicated risks, now there are additional concerns of delays to current projects and delays in planning and starting new ones. Currently, significant measures have been put in place to stall, if not eradicate the spread of this virus. While there is no specific timetable for how things will unfold, there are specific things to be noted.

Employee Concerns

Currently, most areas of the country have been called to decrease their public interaction and promote social distancing; even many of the popular Florida beach destinations are closing because of the virus. While working from home may be possible in other industries, it is generally not an option for the construction industry. In affected areas of the country, this can be a real concern.

Supply Chain Issues

China was at ground zero of this outbreak and experienced a slowing if not complete halt to their manufacturing industry. In the U.S., it is estimated that construction projects rely on 30% of their materials from China, and some are as high as 80%. Particularly to a commercial builder, this could mean higher material costs and slower project completions.

Nervous Clients and Lenders

None of us like uncertainty, and even more so when there is money involved. With the potential damage this virus could cause, clients and investors may be hesitant to continue with current projects or begin new ones.

Legal Concerns

While no one could have predicted this event, contracts are still in place for current projects. Parties may be realistically looking at substantial delays and cost overruns. Many construction contracts will need to be reviewed for delays, scheduling, substantial completion, and liquidated damages. It is important to know what it is in your contract, including any force majeure provisions that could allow the cancellation of a contract in particular instances.

Moving Forward

The Coronavirus has dramatically changed our lives in a few short weeks. How long this “new normal” will last is uncertain. Because of the volatility of the economy, market experts are saying that they are unable to make a forecast for the remainder of 2020. Typically, non-resident construction lags in relation to the overall economy, so some of the fallout from this event may not be fully realized for 12 to 18 months.

Experts contend that panic is never a good idea, it is wise to adopt a “wait and see” approach. Every day that passes will bring us more insight and information to guide us forward. It is important for business owners to stay focused on planning for long-term objectives, rather than the immediate future.

We are all, in some manner, impacted by this event. Communicating the issues you are experiencing on projects can go a long way. It is a given that at this point, we all are aware of the severity and risks we are encountering. Honest communication can go a long way to resolving potential issues before they erupt into a full-blown problem.

We Are Here for You

We understand that the effects of this virus are creating some unique legal issues for you and your business. We are here to guide you and help you and your business navigate these challenging times. If you have a question or concern, please contact us. We are here to help. Our office is fully operational and our lawyers and staff have full remote work capability if needed.

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Can a contractor cancel a permit in Florida?

Fri, 20 Dec 2019 05:42:00 GMT

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Payment Bond & Lien Filing Deadlines: Terms to Know

Wed, 25 Sep 2019 09:29:00 GMT

If you are in the construction industry, you are probably familiar with payment bond claims and liens and the importance of them in making sure you and your construction or design firm get paid. Missing a deadline for filing a lien or payment bond claim can have severe consequences for your firm. It is important to have a clear understanding of the deadlines that control when you need to file a lien or payment bond claim – that’s why we’re discussing it here today.

Lien filing deadlines are controlled by statute, either federal or state, and will specify the deadline applicably. Payment bond claim deadlines on public projects are also controlled by either federal or state statutes. Generally, lien filing and payment bond claim deadlines are based on when labor or materials were last provided to a project. What is less clear at times is the date on which labor or materials were last provided and whether those dates can be extended based on various circumstances.

Warranty and repair work

After work is completed, many times additional work will be completed under the warranty or as a repair. The question then is which completion date is considered the time that labor and materials were last provided – the initial completion date, or the date of completion or the warranty or repair? In general, courts have held that repairs and warranty work do not extend the deadline to file a lien or to assert a payment bond claim. This rule comes from the concept that industry-wide, there is a practice of providing long warranty periods and if warranty and repair work extended the deadline, it would defeat the purpose of having a deadline in the first place. There are, of course, exceptions to this rule. Ideally, you should file your lien or payment bond claim early, but if you have filed it late and are concerned about whether you missed the appropriate deadline, contact us as soon as possible. Or better yet, let us assist you with preparing your claim as we will evaluate this issue as part of preparing it.

Minor punch-list work

In the construction industry, it is typical for a project to be substantially completed, but have minor punch-list items completed over a longer period of time. This can muddy the waters on when the actual completion date is for purposes of filing a lien or payment bond claim. In general, minor punch-list items do not extend the deadline to file a lien or payment bond claim. That then leaves the question or what is considered minor and what is considered significant? In general, if the project is substantially complete or operational, additional items that do not “prohibit the project for serving its intended purpose” will be considered minor. However, if the additional items are necessary and prevent the property from serving its intended purpose, they will likely be considered significant enough to extend the deadline. The general idea? Once the project is substantially complete and the project is able to serve its intended purpose, the clock starts running for the deadline to file a lien or payment bond claim.

When to file

As you can probably tell, determining when the clock starts running for the deadline to file a lien or payment bond claim can be nuanced and difficult to pin down. There are numerous other preliminary deadlines that occur earlier in the project that can also impact the validity of a lien or payment bond claim. It’s best practice to file a lien or payment bond claim as soon as practically possible to preserve your rights and protect your firm.

It’s also important to note that the specifics of lien and payment bond claim deadlines vary by state. Because of this and the nature of the nuances applied in determining the deadline, it’s important to seek counsel if you encounter any issues. If you anticipate an issue with filing a lien or payment bond claim or missing a deadline, contact us today.

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Why Choose Bennett Legal Group?

Wed, 14 Aug 2019 04:08:00 GMT

As you are searching for an attorney, whether for a specific need or for ongoing needs, you may wonder exactly how you should go about choosing the right attorney for you. We would encourage you to look into different firms and find the right one for you – legal work is tough as is; having the right attorney on your side can make things go as smoothly as possible. Look at the areas of practice, the extent of their experience, the philosophy of the firm, etc. It’s important to find someone qualified in the work you need done but also with a philosophy and personality that works for you. So, why choose us?

Bennett Legal Group focuses on legal work in the construction industry. In fact, Brian Bennett, the founder of Bennett Legal Group has extensive experience as a contractor and civil engineer prior to establishing the law firm. Brian’s experience means he understands the practical implications of legal decisions and can see dilemmas and solutions within the big picture of the construction firm. At Bennett Legal Group, our attorneys are trained to provide not just solid legal advice, but solid, practical legal advice.

On top of our experience directly in the construction industry, Bennett Legal Group also brings decades of legal experience to the table. Our experience includes resolving contract disputes, handling issues involving defects, payment disputes, malpractice and Alternative Dispute Resolution. We handle a variety of legal issues that come up in business and construction litigation and have been doing so for decades.

Bringing practical and legal experience, our philosophy as a firm is to work closely with our clients to provide customized solutions. We don’t believe in a one size fits all approach. We know each client has different priorities and concerns and we craft a strategic plan to address each client’s specific concerns with the goal of achieving their priorities.

So why choose Bennett Legal Group? If you want practical experience in construction, combined with decades of legal experience and a philosophy of customization for each client, we are the right firm for you. Give us a call today for a consultation.

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The Intangible Costs of Litigation and How to Diminish Them

Tue, 13 Aug 2019 08:33:00 GMT

Litigation can be costly. Whether it’s the cost of hiring an attorney, the cost of the settlement or verdict itself, there is little debate that litigating can get expensive quickly. But what about intangible costs? The costs outside of attorney fees and settlement? Many people overlook these costs at the outset of litigation and that can be a big mistake. It’s important to consider these costs as you navigate litigation and take them into account as you decide how to pursue or defend a case. What are these intangible costs? It depends on the case and circumstances, but overall there tend to be at least three categories of intangible costs to consider: time, reputation, stress/distraction.

Time

Time is money, right? Do you consider it costly to you or your business if you have to spend time in a deposition or locating documents, or even just meeting with your attorney? What about the time spent at a trial that may last days or even weeks? This is time spent away from your family, away from your work, and can add up in the end. It’s important to recognize that litigation takes a lot of time from the litigant, witnesses, etc. Be aware of this at the beginning and keep it in mind as you decide when to pursue a case or when to accept a settlement.

Reputation

Being involved in litigation can sometimes cause damage to your reputation. Whether you are pursuing a breach of contract, or defending your company against a claim, others in the industry could question your reputation. Is the claim you’re bringing legitimate or is it a “stretch”? Are the accusations against you true? Even if you are 100% in the right, the fact that there are allegations in a lawsuit can cause others to question your reputation. There are sometimes ways to diminish these effects but it’s always important to consider your reputation, and what that can cost you, as you navigate litigation.

Stress/Distraction

Litigation is stressful. Will you win? Will you have to pay a large settlement? When will it end? Compiling documents, testifying under oath, all of these things can be stressful. And with stress, comes distraction for your priority – your work. When you are dealing with litigation, you will inevitably be distracted from your work to some degree. While this is normal for litigation, it’s something you need to be aware of from the outset. You may want to delegate certain job duties while you are involved in litigation or come up with a plan to minimize stress and distraction. Without awareness and a plan, this stress and distraction of litigation can ultimately be costly to you and your company.

While litigation may come with these intangible costs, there are always ways to diminish the effects on you and your company. It’s important to be aware of these from the outset and re-evaluate them as you make decisions in the litigation process.

At Bennett Legal Group, we know these intangible costs can be important and we can help you craft a plan to keep them top of mind and diminish their effects throughout the litigation process. Call us today for your consultation if you are considering litigation or may be the target of litigation.

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Florida Adopts the Daubert Standard: New Expert Testimony Standard in Florida

Fri, 14 Jun 2019 07:36:00 GMT

After previously rejecting the Daubert standard in accordance with the recommendation of the Florida State Bar, the Supreme Court of Florida has now adopted the Daubert standard for the admissibility of expert testimony, replacing the Frye standard. This new decision will affect the admissibility of expert testimony in state courts only – federal courts across the country, including in Florida, already apply the Daubert standard.

What is the Daubert Standard?

The Daubert Standard is a procedure used by courts to assess whether expert testimony should be admitted in a case. This criterion applies to both civil and criminal cases, and it may be invoked if one of the parties feels that the other side is employing “junk science” to prove their case.

On July 1, 2013, the State of Florida passed a bill to use the Daubert standard as the basis for expert witness testimony. The Daubert rule was accepted by the Florida Supreme Court on May 23, 2019.

Prior to Daubert, trial judges frequently encouraged juries to hear evidence provided by both sides rather than excluding it. When evidence is challenged in another trial after it has been ruled irrelevant and unreliable due to a Daubert motion, it will likely be contested once again. A Daubert motion is only persuasive to other judges. Despite the fact that a Daubert motion is not binding to other courts if one court determines something to be untrustworthy, subsequent judges may do so as well. Of course, an appellate court’s decision that a piece of evidence is inadmissible under Daubert would be binding on all lower courts.

Under the Daubert standard, a “judge must ensure that any and all scientific testimony or evidence admitted is not only relevant but reliable.” By adopting the Daubert standard, there will be more consistency between state and federal courts, which are now operating under the same standard.

Previously, under the Frye ruling, when a party was seeking to admit evidence, they were only required to establish general acceptance of the underlying scientific principle and testing procedures. Now, the admissibility is within the discretion of the court, but the judge must determine that the evidence is reliable – meaning Florida state courts are now operating under a more stringent rule for the admissibility of expert testimony.

While this changes the admissibility of expert testimony in state courts, our attorneys at Bennett Legal Group are well versed in the Daubert standard as we have used that standard for many years in Federal Court cases.

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Business Litigation 101

Tue, 07 May 2019 06:21:00 GMT

We have many business clients who come to us facing business-related disputes and are unsure of where to even begin. After all, these are business professionals well versed in their business, not attorneys or lawsuits. We always start by walking our clients through the process but want to give all of our readers and followers some basic information on what litigation is.

Litigation is the process of resolving a dispute through a court case (or in some cases arbitration). But before we get there – let’s take a step back. Prior to instituting litigation, meaning filing a lawsuit, there are informal ways that a case can be resolved. Many cases are resolved through negotiations or mediation, saving our clients time and money. Taking a case to trial is typically, though not always, the last resort.

To institute litigation, a party files a lawsuit describing the dispute and the parties involved in the dispute. This begins the formal process that will ultimately bring a case to trial in a courtroom. Keep in mind, however, that just because a lawsuit is filed does not mean that the case cannot be resolved through mediation and negotiation. A lawsuit can be settled at any time if the parties agree.

Once litigation starts, the parties will engage in a process called discovery. This can be a lengthy and burdensome process because it requires the parties to answer written questions and provide documents, sometimes tremendous amounts of documents. In addition, the parties review the answers and documents provided by the other parties. There may also be depositions taken – this involves the lawyers questioning witnesses and parties prior to the court date. For a business professional, this process could include being questioned themselves but also reviewing the depositions of other witnesses and parties. While as attorneys, we handle all of the questioning and legal documentation, it’s imperative to have the support of the business professionals to ensure we have the full information needed to do our job.

After discovery, if the dispute has not been resolved by agreement, the case will go to trial. The specifics of the trial depend on the court, federal or state, and the location. While there are some standard rules, such as the rules of evidence, each courthouse and judge may have rules of their own. Typically, the case will start with each lawyer speaking with the judge and/or jury about the case. Then each party has the opportunity to question witnesses, both their own witness in support of their case, and opposing witnesses, and present evidence to the judge and/or jury.

After all, witnesses have been called and evidence presented, the attorneys end the case by speaking to the judge and/or jury about the case again, called the closing argument, which is intended to convince the decision maker to decide in their favor. The judge and/or jury then makes their decision and the trial concludes. Keep in mind, if you are unhappy with the result, there is an appeals process, but we’ll explain that at another time.

Essentially, the whole litigation process can be summed up as convincing a neutral decision maker that you are right and the dispute should be resolved in your favor. Because of the specifics above, it’s important to note that you need an attorney who is both well versed in your business but also in the court that the case will go to trial. Your attorney should understand the local rules of the courthouse and judge. If you think you’re facing a dispute that may need to go through the litigation process, give us a call. We’ll answer your questions and stand by your side each step of the way, ensuring you understand exactly what is happening and how to best position yourselves for a favorable result.

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Settlements v. Trials – Which is Best?

Wed, 01 May 2019 22:00:00 GMT

This is one of the most frequently asked questions we get. Should my case go to trial or should I settle? The answer is – it depends. Each case is different and each client has different considerations to take into account as well as different priorities for the resolution of the dispute.

Some clients may want to resolve their case as quickly as possible, perhaps to avoid publicity or perhaps to get back to business and to avoid the distraction and expense of a protracted lawsuit. Other clients may place a priority on winning the case on its merits, which is more likely to result in a case going to trial. In this article, we will talk in generalities so please keep in mind that the decision to settle a case is a personal one and is very fact specific. When the time comes to make the decision to settle or proceed to trial, we’re happy to help guide you through the decision to reach the right result for you and your case.

We start with the fact that in civil litigation, particularly cases involving construction projects, far more cases settle then go to trial. This is for a wide variety of reasons, but most typically is because there are two sides to every story (and in some cases many more than two sides!). Settlements allow the parties to control how the dispute is resolved as opposed to putting the resolution of the dispute in the hands of a third party (judge, jury, or arbitrator).

If settling is far more common than taking a case to trial,, why would we ever go to trial? There are plenty of reasons that a client would want to take their case to trial instead of settling. First of all, settling a case may not be an option. In order to settle a case, the other parties have to be in agreement as well. If all parties are not agreeable to a settlement, then trial is inevitable. If the amount of a claim is very large and liability of a client is very low, then this can also drive the decision to take a case to trial. Regardless, when settlement offers come in, we work with our clients to weigh the pros and cons of that settlement and decide whether to accept, reject or make a counteroffer. In those cases that warrant taking the case through trial as opposed to settling, our experienced trial attorneys are ready to proceed to the end.

Another example of why a party would want to go to trial is because an issue of legal contract interpretation needs to be made by a judge. What do we mean by that? If a client is in the position that there is a dispute that will likely come up again and again concerning the interpretation of certain contract language the client uses time and again, they may want a decision to be made by a judge on how the contract should be interpreted (sometimes referred to as a declaratory judgment case) so that they know how to move forward in good faith with future contracts.

Deciding whether to take a case to trial or to settle it can feel overwhelming. We understand that and know how to guide our clients through the decision-making process. We’ll make sure that you are taking into account all of the facts and circumstances before making this decision. If you’re involved in a dispute or foresee a dispute coming up in the future, give us a call, we are happy to help.

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Construction Disputes: What is Arbitration?

Tue, 16 Apr 2019 07:22:00 GMT

Many construction projects involve disputes at some point in the process. If you are managing a construction firm, you’ve likely experienced disputes on a number of projects. What happens when there’s a dispute? In some cases, the dispute goes to trial before a judge or jury. But in many other cases, a process called arbitration is used.

What is Arbitration?

Arbitration occurs when all of the parties to the dispute agree (either in their contract or by separate agreement) to use a third-party neutral to decide the case instead of using a judge or jury. Why not just go to court? There are a number of reasons. Arbitration is private and confidential, unlike court which is public and out in the open. Arbitration can significantly reduce the cost of resolving the dispute and can resolve the dispute much more efficiently. Arbitration also brings finality; unlike going to court with its endless appeals, there are very limited ways to overturn an arbitration award. This is because the decision by the arbitrator (the third-party neutral) is legally binding on all parties.

If the dispute relates to a contract and that contract includes an arbitration agreement, you may have already agreed to go to arbitration. What does that mean? It means that you must use an arbitrator and cannot choose to bring a lawsuit before a court. It does not mean, however, that you can’t try to mediate your dispute first. So how does this play out practically? A dispute arises, the parties try either formally or informally to resolve the case through mediation and negotiation. If that is unsuccessful, then the case is brought before an arbitrator who will make a decision to resolve the dispute.

The Pros of Arbitration

There are some real benefits to using arbitration, particularly in construction cases. The process is less formal, meaning the rules of evidence and procedure are not as strictly enforced – this gives the parties and arbitrators more latitude to frame the issues as they see fit. Additionally, in a court of law, the judge presiding over the case is not a construction specialist. With arbitration, however, the parties can select an arbitrator who is a construction expert and better suited to decide construction law issues. The arbitration process can also be less costly and, because there is no appeals process, a final decision is rendered faster. The process is also private and confidential.

The Cons of Arbitration

While the lack of an appeal process can be a pro in the sense that a final decision is rendered more efficiently, it does mean that a party cannot appeal the decision if they are unhappy with it. You should also ensure that you have proper representation in an arbitration case. Because the arbitrator is likely a construction expert, you need an attorney who is well versed in both construction law and the arbitration process. This is less of a con but more of a warning to ensure your attorney has the proper qualifications prior to engaging in arbitration – particularly since there is no appeals process if you don’t get the desired result.

If you are facing a construction dispute and either have arbitration in the contract or are considering arbitration as an option to resolve the dispute, give us a call. We will walk you through the process and be by your side each step of the way.

The post Construction Disputes: What is Arbitration? appeared first on Bennett Legal Group, P.A. .

OSHA Noncompliance is costlier in 2019

Thu, 21 Feb 2019 15:40:00 GMT

Is your construction firm compliant with all of the OSHA regulations? If not, it could be extremely costly. Fines for OSHA noncompliance can be extremely costly. In fact, in Q4 of 2018 one contractor was fined more than $420,000. Even seemingly minor requirements can cost significant amount of money.

One example is of a contractor not protecting employees from falling into manholes while repairing sewer lines. This may seem unlikely and a minor infraction but the proposed OSHA fine was over $8,000. An even more serious example is a contractor who failed to use water removal to control accumulating water while working in an excavation. This infraction came with a proposed fine of almost $130,000. Both of these are examples of safety regulations being violated and resulting in serious fines.

Not all OSHA violations are related to safety, however. Health related OSHA regulation violations also come with serious consequences. One employer faced a proposed fine of over $12,000 for failing to training employees of the recognition of and avoidance of hazardous atmospheres while excavating a sewer line.

When determining the amount of a proposed fine for an OSHA violation, OSHA looks at the level of seriousness. For “serious” violations, OSHA can propose a fine of up to $13,260 per violation. For “failure to abate” violations, OSHA can propose a find of up to $13,260 per day before the abatement date. For “willful or repeated” violations, OSHA can propose a fine of up to $132,598 per violation. These are the maximum penalties as of January 23, 2019, which is when OSHA increased the maximums due to inflation. Keep in mind, these limits are per violation. One incident could have multiple violations which could result in a higher total penalty.

It is important not only for the financial health of your construction firm, but of course for the safety of your employees, to be proactive and ensure compliance with OSHA regulations.

Ensuring you have policies and procedures in place and adequate training for management is the first step to ensuring compliance. If we can assist your construction firm with OSHA compliance or any other area of construction law, call us today for a consultation.

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What Will the New Year Bring to the Construction Industry?

Tue, 08 Jan 2019 11:57:00 GMT

With the new year here, are you considering what 2019 will bring to the construction industry? If you’ve been contemplating that question – we have some answers. While we can’t tell the future, we can certainly tell you what is expected for construction in 2019. Dodge Data & Analytics Outlook Executive Conference was held earlier this month and from that, we’ve heard new predictions for both the U.S. economy and how that affects the construction market.

We’ve started to see the industry cooling off from some major growth in the recent past. It’s expected that the decline will continue in 2019 but that shouldn’t have a major impact on the industry until over a year from now. What does all of that mean? The experts expect about the same amount of activity in the industry in 2019 that we saw in 2018.

It also came out at that conference that the experts are forecasting a recession but the recession shouldn’t be as bad as past ones and the construction industry is expected to weather the storm just fine. What does this mean for you? Plan for a recession now so that you are best prepared when it happens and can continue to excel during this potential recession.

They also don’t expect that labor shortage to go away anytime soon. How can you best deal with this problem? Some firms are finding providing in-house training to be successful. Regardless of how you manage the problem, it’s not going away so the new year may be a good time to start a strategic plan for handling it.

We hope 2018 was a successful year for your construction firm and we hope 2019 is even more successful. As you start off the new year, if we can be of service to you in any way, give us a call for a consultation.

The post What Will the New Year Bring to the Construction Industry? appeared first on Bennett Legal Group, P.A. .

OSHA’s Most Commonly Cited Violations: Are You in Compliance?

Tue, 04 Dec 2018 12:06:00 GMT

Back in 2015, OSHA began compiling a list of their most-cited safety violations each year. Interestingly, there hasn’t been much change from year to year. 8 of the top 10 this year were on the list last year and 4 – this year’s top 4 – have made the list every year. With the new year approaching, it’s a great time to revisit your policies to ensure you are in compliance with OSHA and your workers stay safe.

1. Fall protection – general requirements. This one tops the list and is particularly important because, according to OSHA itself, falls are the leading cause of construction deaths in the United States. Check out your fall protections including protections from falling from surfaces higher than 6 feet and protections from falling objects, to avoid a non-compliance fine.

2. Hazard communication – if you’re working with hazardous or toxic materials, make sure they are labeled appropriately. You may want to revisit the guidelines to ensure compliance – some less obvious items, like the coating on steel, could be considered hazardous.

3. Scaffolds – OSHA has regulations for scaffolding including suspension, ladder jack, and pump jack scaffolds. This standard also includes fall protection specifically for scaffolding.

4. Respiratory protection – employers are required to provide protection for respiratory health. This can consist of providing workers with respirators, instating ventilation and developing and instating a written respiratory protection program.

5. Lockout/Tagout – This does not apply to the construction industry but does apply to electricians, so it’s still worth revisiting. OSHA requires the use of these lockout/tagout devices to prevent equipment from unexpectedly restarting while performing repairs.

6. Ladders – not surprisingly, ladders made the list as well and goes hand-in-hand with number 1 fall protection. This standard, however, is specifically tailored for ladders and covers load-bearing capacities, spacing and clearance and safety devices.

7. Powered industrial trucks – if you use equipment such as platform lift trucks or motorized hand trucks, you need to ensure you comply with OSHA regulations.

8. Fall protection – training requirements. This is different from number 1 fall protection – general requirements, but is probably not surprising that this is also on the list, given the fact that falls are the leading cause of death in construction. This regulation relates explicitly to the training of employees on fall hazards during their work, how to use fall protection systems, etc.

9. Machine guarding – this regulation relates to protecting workers from sparks, flying chips, and other dangers associated with the use of machines and tools. OSHA requires the use of controls such as barrier guards and anchoring to prevent injuries from those dangers.

10. Personal protective and lifesaving equipment – eye and face protection. Employers in the construction industry must provide protective wear specifically for eye and face and must ensure workers use the protective wear. These protections must be specific to the hazard at hand so, as you might imagine, can change from task to task.

OSHA takes safety seriously, and we’re sure you do too. Take some time this winter to revisit the OSHA regulations and your policies and procedures to ensure you are in compliance and your workers remain safe.

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Reducing Financial Exposure by 87%

Mon, 01 Oct 2018 06:05:00 GMT

We regularly represent construction and design firms in high-stakes litigation. We represent our clients vigorously and mitigate any potential fall-out from their legal issues. While our goal is always to eliminate any fall-out, sometimes mitigation is what our client needs. Whatever the case, we work with our clients to understand their legal vulnerability and develop a plan with desired outcomes. Here’s an example.

The Legal Dilemma

A structural engineer comes to us because they are being sued for a balcony collapse. While there were no personal injuries, there was economic damage – the plaintiff claimed there was $5,000,000 worth of damages, repairs and lost market value. The plaintiff claimed that the structural engineer failed to properly design the balconies and failed to identify the mistakes of the construction team during the inspection phase of construction. While our client denied that it designed the balconies improperly, our client admitted that they should have identified the construction team’s mistakes.

The Solution

In this case, because our client admitted partial responsibility, the goal was not to eliminate the exposure, but to reduce it. We developed a plan and proved to the jury our client properly designed the balconies, but the contraction team failed to install them according to the design. We proved that while our client may have been partially at fault for not identifying the construction team’s mistakes during inspections, that we were not 100% at fault. We also proved that the plaintiff’s damages of $5,000,000 were exaggerated.

The Results

Because we were able to fashion an appropriate defense, the jury verdict came back in favor of the plaintiff, as expected, but for significantly less money in damages. In fact, the jury reduced the $5,000,000 claim to $1,370,000. In addition, the jury found that our client was only 50% responsible, and the construction team was responsible for the other 50%, meaning the verdict against our client was only $650,000. Reducing our client’s financial exposure from $5,000,000 to $650,000, a reduction of 87%, was a total win for our client.

Simply because you may be at fault in some way does not mean you should forfeit your right to a vigorous legal defense. We work with our clients to determine the exposure, identify the relevant facts and other at-fault parties to reduce that exposure.

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Is Virtual Reality Creating a Safer Construction Site?

Thu, 27 Sep 2018 04:03:00 GMT

According to OSHA and the U.S. Bureau of Labor Statistics, workplace fatalities decreased 17% from 1995 to 2016. What’s shocking, though, is that OSHA citations relating to fall safety quadrupled in that same time frame and fatalities as a result of falls increased from 651 to 849 annually. While fatalities were decreasing, falls and fatalities as a result of those falls were increasing. Additionally, during that same time frame ANSI standards for fall protection increased from 100 pages to 1,000 pages and protective equipment for falls increased in sales from $300 million to $800 million. Despite all of this, workplace falls have still risen. Could virtual reality be the solution?

Recently, the American Society of Safety Professionals released an app called the Fall Protection Experience app and we expect that more fall safety virtual reality programs could be on the way. By using virtual reality, construction firms can have their workers practice in high-risk scenarios before being exposed to the actual risk. In addition, supervisors can use virtual reality to identify fall hazards and prepare a protection system ahead of time.

We know that our clients want to keep their workers safe and are doing all they can to reduce all construction hazards, fall hazards included. We also know that when falls happen, it can be devastating to our construction firm clients – not only are they concerned for their worker who fell, but they could be facing a financial strain as a result as well. Investing in the proper training and protections ahead of time is key. What is your construction firm doing to prevent safety concerns?

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Construction Industry Braces for Change: Are you ready?

Thu, 30 Aug 2018 10:24:00 GMT

According to a new survey by the Associated General Contractors of America Management, 67% of contractors surveyed believe the construction industry will change more in the next 5 years than it has in the past 50. The survey, entitled “Managing Risk in the Digital Age” also found that 90% of contractors have faced risks associated with shortages in skilled workers. Another big risk contractors have faced is related to design services, with 40% of those surveyed planning to move design services in-house.

The anticipated changes are good news for many of those contractors – they see the changes as likely to increase innovation and don’t feel the changes are being forced by technological advances. But they are hopeful the risk management industry will embrace change alongside them. Many contractors have noticed that over the recent years, there has been an uptick in risk that is not insurable like traditional risks have been. There is a need for liability insurance for things like design services and drones.

Is your construction firm ready to evolve with the industry? As industries evolve, it’s important to revisit key documents – think policies and procedures, safety manuals, protocols, etc. You’ll also want to stay up to date on the insurance industry. As new products come available, and as new types of claims are filed, we may see changes in insurance law that could affect your firm. These changes may create more innovation but along with innovation comes risk and we want to make sure your construction firm stays legally compliant to avoid unnecessary risk as the industry changes.

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Is Your Construction Firm Using Drones? Maybe it Should.

Wed, 15 Aug 2018 17:55:00 GMT

Drones are on the rise in the U.S. In fact, they may be on the rise across multiple industries. But the construction and engineering industries are leading the charge – 35% of companies in those sectors have adopted the use of drones in their work. And those firms using drones expect to use them even more in the future.

Why are drones so popular? They can reduce costs by more efficiently capturing information. In fact, the top three reasons companies are using drones are: to capture more information, to be more efficient and to reduce time waste.

There have, however, been some challenges. If your firm is considering the use of drones, you might expect to struggle with employee buy in. This may be attributed to the overly stringent certification requirements by the FAA. Staying up to date on laws and regulations can be challenging in the up and coming drone industry. And if you do use drones, be sure to develop internal processes, policies and procedures for their use – this will help ensure everyone stays up to date and in compliance with FAA regulations. One thing that may help would be to use a third party drone service provider. These organizations connect businesses with licensed, trained and experienced drone pilots. Using this could reduce legal risk to your construction firm.

Why should your firm consider incorporating drones? 92% of companies surveyed saw a positive return on their drone investment within just one year. It could be a smart move to dive into the technological world of drones.

If you do decide to look into the use of drones, we are here to help you develop the right policies, adjust contracts, and provide the advice you need to ensure your legal risk remains minimal and you are prepared for any legal issues that could arise from the use of drones.

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Robots: The Future of The Construction Industry

Sat, 30 Jun 2018 03:34:00 GMT

20 years ago, this might have sounded like the name of a sci-fi movie. Today, it’s a realistic prediction of the future. As we type this, there is a robotics company that is working on creating military-grade applications and powered prosthetic limbs. This work is aimed at relieving some of the manual labor burden from the construction industry. Another company, Sarcos Robotics, is looking into things like an inspection robot that has a camera mounted to it and can climb stairs and metal surfaces, a powered exoskeleton that can reduce workplace injuries and robotic arms that can lift up to 500 pounds each.

Some large construction companies are already interested in these developments and plan to use it to supplement human labor, not necessarily replace it. Keep an eye on these developments as some robotic products may be available within the next couple of years.

If you are considering implementing some robotic or automated tools in your construction company, remember that you may need to revisit your insurance policies, internal policies and other legal documents to ensure you are properly insured and remain in compliance with any regulations. Bennett Legal Group is here to help your company as the industry evolves with technology.

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Are you Protecting Your Roadside Contractors?

Wed, 20 Jun 2018 03:32:00 GMT

Between 2015 and 2016, roadwork construction worker fatalities increased by 7%. The Federal Highway Administration attributes this rise to a few different factors: increased traffic, increased roadside construction projects and distracted driving. While we probably can’t control increased traffic and the increase of construction projects is a positive thing for our industry, there is something we can do to decrease these fatalities. We can emphasize safety precautions to protect against distracted driving.

Distracted driving can include texting, talking on a phone, eating, etc. At a state level, there has been success in implementing education campaigns. In addition, the Federal Highway Administration is looking into technology solutions to allow traffic to flow smoothly through work zones and to prepare drivers on what to expect when entering a work zone.

At a construction firm level, you should consider implementing the number of workers who are in close proximity to moving vehicles, increase the use of guardrails or other longitudinal barriers, increase lighting and the use of cones, lighted signs, breakaway signs and crash cushions.

Aside from simply caring about the well-being of your construction workers, failing to keep your employees safe can create legal issues for the firm down the road. If you rely on new safety measures, ensure you keep your policies up to date to allow your entire team to know, understand and properly implement those safety measures on a daily basis.

The post Are you Protecting Your Roadside Contractors? appeared first on Bennett Legal Group, P.A. .

Could this new OSHA Rule Affect You?

Thu, 14 Jun 2018 03:31:00 GMT

The Occupational Safety and Health Administration (OSHA) has recently proposed a rule that may affect your construction business. The rule would affect how to determine the competency of a crane operator and move the burden back towards the employer. Prior to this rule, crane operators were required to be certified based on lifting capacity of equipment. This certification was strongly opposed by the construction industry and was largely unenforced.

The new rule proposes a list of factors for the employer to use to determine the competency of their crane operators. The hope is that this new factor-based test will clarify the role and responsibilities of employers when it comes to ensuring their crane operators are properly qualified.

This may be particularly of interest to local Florida construction firms. This new proposed rule came out of recent incidents in both New York City and the Miami, Florida area. A couple of years ago, in New York City, there was a tragic crane accident that killed a pedestrian near a construction site. Flash forward to Hurricane Irma last summer and, while fortunately there was no significant damage in the area, there was some damage and a massive threat of damage. With the approaching storm, many cranes were not lowered and ultimately made contact with other buildings in the high winds. In response, OSHA has revisited crane operator requirements and believes this new rule will help clarify roles and rules for crane operators.

If you have an interest in this proposed rule, OSHA is accepting comments until June 20. When submitting comment, make sure you follow all instructions, including the agency name and title of the proposed rule – in this case Cranes and Derricks in Construction: Operator Qualification – and the docket number – OSHA 2007-0066S. Submit your comments electronically through www.regulations.gov , fax to (202) 693-1648 or regular mail to OSHA Docket Office, RIN No. 1218-AC86, Technical Data Center, Room N-3653, OSHA, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210.

If you have a broader question about construction rules and regulations, or find yourself needing legal support please contact us .

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UPDATE: State of the Construction Industry

Thu, 07 Jun 2018 03:42:00 GMT

In general, things are looking positive for the construction industry as it continues to grow.

According to Dodge Data & Analytics, in December, the value of construction starts was up 12% from the previous month. Overall, 2017 saw an increase of 3% for total starts. Dodge & Data Analytics tracks non-building construction, nonresidential construction and residential construction. All three of those categories showed growth in December but non-building construction had the highest growth. We may see that increase even more as the government plans to roll out a plan to repair and replace roads and bridges throughout the nation.

The American Institute of Architects (AIA) is also reporting projected growth in the construction world. The AIA projects nonresidential construction to grow 4% in both 2018 and 2019. They expect nonresidential commercial construction to drive that growth in 2018 and expect industrial and institutional construction, including education-related projects, to lead the growth in 2019. Similarly, Cushman & Wakefield’s research projects 12 million square feet of new office space in Manhattan alone over the next two years. In large part, this growth comes from the need to rebuild after the 2017 natural disasters, which we, of course, saw here in Florida.

Great news for the construction industry! We look forward to seeing this growth continue here in Florida over the next two years!

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Construction Audits: Is your company prepared?

Thu, 31 May 2018 03:39:00 GMT

Let’s face it: no one likes to hear the word “audit” in any context. Unfortunately, construction audits are a reality for many construction projects. Audits are most likely seen in projects that involve contracts with a cost-plus-fee, cost-plus-fee with a guaranteed maximum price or time and materials framework.

Because the cost to the owner is directly related to the cost of materials, the owner is more than likely going to want to see documentation of those costs to ensure they are getting a fair price. The owner may want to see financial records in a lump sum contract when there are change orders or a claim for liquidated damages; typically, however, you are not likely to face an audit for a lump sum contract. How do you prepare for something like this?

1. Keep your records accurate. Depending on the contract, you may be expecting regular audits, or an audit may come as a surprise. Because of that, it’s important to keep your records up-to-date and accurate 100% of the time.

2. Know and understand the contract. You may want to meet with an attorney to ensure you fully understand the contract. The contract itself may give the owner a right to audit the project even after it’s completed. If you are unsure, an attorney can help you negotiate audit clauses to ensure you are protected and you know how to prepare for potential audits. You will need to know things like what type of documentation you are required to keep, how long you have to retain those records and who has a right to see those records.

3. Stay organized. Ensure you are retaining all subcontractor invoices with lien waivers, tracking the daily activity of subcontractors and any other documents that might be relevant to the project. You may need to adjust company policies and procedures to ensure that documents are retained and organized in a way that you can access them in response to an audit.

4. Practice. It’s a good idea to do a practice run to ensure your company is prepared for an audit. This might include: tracking progress and ensuring that it matches the billings thus far, identifying signs of cost changes or shifts that may affect the profitability of the project and checking compliance with all contract provisions. Doing this before an audit will help you identify any problems and address them before the real thing.

If you are negotiating an audit clause in a contract or facing a request for an audit, contact us to ensure your rights are protected.

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Dealing with Construction Fraud in Florida

Thu, 24 May 2018 03:38:00 GMT

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OSHA’s Revised Silica Rule Now in Effect

Thu, 17 May 2018 03:35:00 GMT

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What Impact Will Hurricane Irma Have on the Construction Industry?

Thu, 10 May 2018 03:29:00 GMT

This year, the U.S. has seen hurricanes the likes of which we have rarely if ever, seen. Hurricane Harvey did incredible flood damage in Texas, Irma made its way through Florida with high winds and flooding, and Maria has all but decimated the Virgin Islands and Puerto Rico.

In Florida, Hurricane Irma made its way up the state, starting with a devastating hit on the Keys, then veering towards the west coast. Experts agree that by moving west, it took Miami out of the direct line of fire. This, in turn, served to lower the overall cost of the hurricane. Moody Analytics estimates that the cost of Hurricane Irma will range from 60-90 billion dollars.

Initially over half the state was without power. This caused businesses to close, resulting in loss of income for the store owner and employees. This caused a slowing of the Florida economy, which will be reflected in the 3rd and 4th quarter GDP and employment data.

Irma will have a measurable effect on construction starts in Florida. Up until this point, the state has seen healthy growth since the recession. In 2011, construction starts in Florida were 22.8 billion, while in 2016 went up to 55.2 billion.

In 2017 up until now, there had been a 32% increase over this time last year (non-residential building), and public works and utilities have increased 21%. Residential starts were up 1% through July. Before Hurricane Irma, projections were that total construction starts would rise 9% for the year.

That forecast is now being reassessed as the recovery and restoration efforts begin. Initially, infrastructure will be the focus, such as water, sewer and roads.

It is predicted that construction starts will slow for the next several months, as efforts are focused on clean up. After that, residential building will start to rise, particularly in hard-hit areas like the Keys.

The good news is, there will be a lot of opportunities, as billions of dollars will be sent here to rebuild damaged structures. These funds will be directed toward construction companies, engineers and architects. The numbers, of course, aren’t clear yet, but many feel that the construction industry will experience an unprecedented boom in the coming 18 months.

The post What Impact Will Hurricane Irma Have on the Construction Industry? appeared first on Bennett Legal Group, P.A. .

Tips for a Successful P3 Project

Thu, 03 May 2018 03:22:00 GMT

Public-private partnerships (P3s) are becoming increasingly popular. The U.S. government is using these types of relationships more and more for infrastructure projects. Studies show adopting a P3 structure for a project can result in a very positive outcome as opposed to using standard contracting methods.

Regardless, government agencies are still reluctant in many instances to award major projects to private companies. Some of this reluctance is due to misconcepations about the process. With a little education and keeping these tips in mind, a P3 project can have a great result and benefit all concerned parties.

A public-private partnership is a business alliance between a private company and a governmental entity. By using this type of arrangement, each side is able to contribute their respective assets and skills to a project that is usually for public use.

If your company is considering a P3 project, here are a few tips to keep in mind:

Build a Strong Team
It is important to remember that a quality team is essential. This might include a few high-level contractors, engineering companies and developers. The key here is that each participant takes on a role that speaks to their strengths.

Pick an Appropriate Model
There are many ways to structure a P3. In some instances, the private side of the P3 assumes the revenue risk. This can be a rough road. It is important that the parties perform their due diligence before entering into a contract. Parties using this type of structure can face higher borrowing costs, because investors may not feel comfortable with the projected returns.

In another scenario, a private developer can propose an idea to a public agency only to lose his idea to another company. A private company may suggest a project and the government entity agrees. Then, the government opens the project up to other bidders.

When in doubt, it is never a bad idea to speak with legal counsel to determine if your plan makes sense.

Transparent Bidding
The bottom line here is that P3 projects are expensive to bid. There must be transparency in the bidding process so all the players know what the rules are.

Public Support
Whether a project will get off the ground or not has a lot to do with public support, either in terms of public meetings or at the ballot box. A great selling point for a P3 project is that they can move relatively quickly. Often when the public hears about their efficiency, they are eager to support it.

Pick a Leader
Often a successful P3 has a high-level person promoting the project. They may be a public official for instance, who can take the project under their wing and guide it through the political process. Often a P3 project can slow to a halt during the planning stages, and it takes a leader to keep it moving forward to completion.

Should you need any assistance approaching a P3 partnership, please don’t hesitate to contact our office for guidance.

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How to Avoid Common Problems with Construction Contracts

Thu, 26 Apr 2018 03:16:00 GMT

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New AIA Revised Contract A201

Sat, 14 Apr 2018 02:28:00 GMT

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How to Not be Victimized by the Latest Internet Fraud Scheme

Thu, 05 Apr 2018 02:22:00 GMT

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Jury Trial Involving Breach of Commercial Lease Claim

Sat, 17 Mar 2018 02:19:00 GMT

Jury trial involving breach of commercial lease claim on property in Bossier City, Louisiana. Client prevailed at Summary Judgment in Louisiana Federal Court. Plaintiff appealed to the U.S. Fifth Circuit Court of Appeal. Appellate Court reversed our client’s summary judgment and remanded the case for trial. Jury Trial held in Shreveport, Louisiana the week of February 25, 2013. Plaintiff claimed damages in excess of $1 million. Defense verdict obtained with Plaintiff taking nothing.

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Multi-Million Dollar Delay

Fri, 02 Mar 2018 02:17:00 GMT

Developed and litigated the defense of an internationally known architectural firm against the multi-million dollar delay and disruption claims of a plaintiff general contractor related to a theme park hotel project. The matter between the architect and general contractor was resolved via confidential settlement agreement. The matter was litigated on two fronts: a state court proceeding in Florida, and an Armed Services Board of Contract Appeals proceeding.

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Defense of General Contractor Against Multi-Million Dollar Defect Claims

Mon, 26 Feb 2018 02:17:00 GMT

Developed and litigated the defense of a general contractor against the multi-million dollar construction defect claims of a plaintiff theme park owner related to a hotel/convention center project. The matter between the owner and general contractor was resolved via confidential settlement. We continued to litigate the general contractor’s affirmative claims against various subcontractors on the project, which were later resolved via confidential settlement.

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Miami-Dade Airport

Mon, 19 Feb 2018 02:16:00 GMT

Developed and litigated the defense of the Miami-Dade County Aviation Authority in a multi-million dollar case for alleged wrongful termination of a construction contract. The contract at issue was related to the expansion of the Miami-Dade County Airport and was litigated in both federal and state court. The matter was ultimately resolved through mediation.

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Complex Mediation Involving 10 Parties

Wed, 07 Feb 2018 02:15:00 GMT

Prepared for trial and mediation the defense of a multi-million dollar construction defect claim by a North Carolina based developer against the general contractor of 25 building apartment complex. After handling all aspects of discovery and depositions in the case, the matter was settled at a complex mediation involving over 10 parties.

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Theme Park Litigation

Thu, 01 Feb 2018 01:49:00 GMT

Developed and litigated the E&O claims of a plaintiff theme park owner against the designers/builders of several attractions. The action involved litigation in various state and federal courts, culminating in an extensive multi-media presentation at mediation with several of the defendant design professionals and their E&O liability carrier.

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Delay Claims and Change Order

Wed, 24 Jan 2018 01:51:00 GMT

Developed and litigated the claims of plaintiff restaurant owner against the delay claims and change order claims of general contractor. General contractor’s claims exceeded $1.2 million. The action was arbitrated over a three-week period under AAA rules. The owner’s claim included the use of multi-media presentations of substantive evidence and expert opinion relating to schedule delay, Eichleay damages, and liquidated damages.

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Theme Park Prosecution

Wed, 10 Jan 2018 01:44:00 GMT

Developed and prosecuted the claims of a plaintiff theme park owner against the designer/builder of an attraction. The action was arbitrated over a three-week period before an international panel of arbitrators sitting in Toronto, Ontario, Canada under the International Chamber of Commerce (ICC) Rules. The plaintiff’s claims presentation included extensive multi-media presentations of evidence and expert opinion.

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School Board and General Contractor

Mon, 01 Jan 2018 01:09:00 GMT

Prepared for trial and mediation the defense of claims by the Charleston, SC school board against the general contractor of a new high school. After handling all aspects of discovery and depositions in the case, the matter was settled at a complex mediation involving 30 parties, 2 mediators and spanning a 5-day period.

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