In 1996, the American Arbitration Association received more than 4,000 requests to resolve construction-related disputes involving in excess of $900 million dollars.1 As construction industry groups continue to include arbitration provisions in their form documents, it is anticipated that the use of arbitration will continue to increase.2 Nationally, arbitration is recognized […]
Country Club Design, Construction and Renovation: Contract Provisions that Protect the Owner
The country club industry represents big business for Florida’s design and construction industry. As new country club communities emerge and existing clubs embark on major renovations, owners of such projects face unique challenges. Members expect uninterrupted access to the club during construction and timely completion within budget. These objectives become […]
Construction Defects and Deficiencies: Promptly Investigate Problems to Preserve Legal Remedies
Imagine that you are sitting on the Board of Directors of the XYZ Condominium Association. The owner of a penthouse unit calls to complain of water stains that have appeared on a bedroom ceiling. A quick check of the calendar reveals that statutory warranties have expired for the building. The […]
A study conducted in 1994 by Florida International University, Department of Construction Management, concluded that one of the top three causes of problems on construction projects was the failure of participants, whether it be owner, contractor or subcontractor, to read and understand their contracts. Consider the following scenario that actually […]