There are many parties responsible for the execution of a complex or large development project. Owners and operators often require legal protection for construction companies and their assets on property where development is happening.
Construction projects, as we all know, are extremely complicated. Millions of dollars are often at stake, tens if not hundreds of workers involved, safety concerns to be resolved and a complex set of requirements. Because of this, legally binding contracts are not just an annoying formality, but a necessity to protect everyone involved. What's more, it can be extremely stressful when you do not abide by the legal formality requirements, so it's important that you are prepared for the sake of your own convenience.
A storm of alphabetical letters arranged in various ways assault people looking at pieces of important documentation. Construction contracts are no exception and contain a wide array of acronyms and abbreviations. Even a simple discussion with contractors can leave property owners puzzling over some of the terminology used.
Arguably, the leading reason that construction problems occur is that the involved parties do not share the same expectations. This can happen even when a contract exists between the parties. Disagreements may arise because one or more parties did not understand the terms of the contract. Conflicts may also happen because the construction contract was not drafted properly and lacked clear language.
A groundbreaking new construction law proposal is now a reality for residents in South Miami who are looking to build a new home. Recently, the City Commission passed a law requiring new home builds to incorporate solar energy into their design and construction. The new law also applies to certain renovation projects as well.
Throughout our practice, we have seen too many people with little to no construction law knowledge come in for a consultation. These people feel contractors or construction companies have wronged them in some way, but they have no idea what remedies are available to them.
Architects play a foundational role in construction projects. They create both the big-picture vision as well as the all-important details of the finished structure. Considering their work combines aesthetics, math and science, it's no wonder architects undergo such intensive training and education.
Previously, we began looking at the issue of risk allocation in construction contacts and some of the tools that can be used to allocate risk between parties. We’ve already mentioned warranties and indemnification. Another possible tool for allocating risk is limitations of liability.
Previously, we looked briefly at a contract cancellation dispute between the Greater Orlando Aviation Authority and a contractor who had agree to complete the first part of a multi-phase expansion project for the airport. As we noted, the airport claims that it cancelled the agreement because of the contractor’s attempt to shift risk to the airport.
Last month, the Greater Orlando Aviation Authority—the entity responsible for managing the Orlando International Airport—announced that it would be terminating a contract for the initial phase of a significant expansion of the airport. The expansion is aimed at developing 1,800 acres for mixed-uses, including a warehouse area for airport vendors.