Fiduciary duty is a legal and ethical obligation that one party, known as the fiduciary, owes to another party, typically a partner, shareholder or client. In the context of business partnerships, fiduciary duties include acting in the partnership's best interest,...
Construction projects are complex undertakings, and even though a schedule is typically set out prior to the start of the project, it rarely goes according to plan. Sometimes, this is not an issue for a homeowner. However, sometimes, it can be. When this happens, it...
Poor workmanship refers to the substandard quality of work performed during a construction project. It can involve using harmful materials or lousy work practices, even both. Poor workmanship can be a big problem for owners or managers of large Florida buildings. What...
When an owner in a construction project does not comply with the proper payment rules under §713.06 Fla. Stats., he/she may be required to pay subcontractors or suppliers twice for the same work performed. Here is an example: The agreement between the contractor and...
Good Design, Good Designers and the Correct Budget Process There are many decisions that a property owner or developer (let’s call them owner) must make when creating a plan to build a residential or commercial building(s) on land they own. None are more important...
Normally, when a business individual or group decides to start a new business, it is because they have a concept that, based upon prior experience and coupled with some source of working capital, they believe will be successful. This is an exciting moment. However,...
Given the obvious roles of the owner, contractor and design professionals, how are risks in a construction project legally allocated? It seems so simple: the owner tells the design professional what they want to build and the design professionals prepare drawings and...
What are we building and what’s the real price? Fundamental to a construction agreement are two seemingly basic and simple concepts: the scope of work and the total project price. Yet, they are frequent sources of dispute and litigation. Common problems are: The...
Owners, Contractors and Design Professionals – the three major players in a construction project. Are they partners in the project? Are they members of the same team? The answers are: No, Maybe and Depends. From both a legal and financial perspective, these parties...
New companies must take steps to comply with the law even before opening their doors for the first time. Business law attorneys form new business entities on behalf of their clients by filing the necessary documents with the state. Businesses can be formed as: Sole...