As Tom Hagen said to Sonny Corleone in the Godfather, it "is business, not personal." Words to live by. Often in our line of work, clients want their pound of flesh. They want to prove the other side wrong, and make them pay. We, as lawyers, do well from a financial...
Contract Law
But That Is Not What I Meant! Too Bad So Sad!
On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Jun 5, 2013 | Construction Law, Contract Law, Mutual Mistake
As we have written before, reformation, or correction of mistakes in a contract are not a legal right. While a court can order that a contract be rewritten to take into account some mistakes, the court's ability to do so is limited. The only sure fire way to be...
Is Your Business Protected Under Ever Changing Laws?
On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | May 29, 2013 | Construction Law, Contract Law, Insurance Claims, Insurance Policies
The law regularly changes, but often, business are not keeping up. Long standing practices that have worked for years may seem difficult to change, but failing to do so can be costly. Whether it is required language to be included within your contracts, or...
Contractor Wins Judgment…Momentarily At Least
On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | May 20, 2013 | Construction Law, Contract Law
In Kritikos v. Anderson, 2013 WL 1748678 (Fla. 4th DCA Apr. 24, 2013), a residential owner of Florida property ("Owner") entered into a contract with a New York architect ("Architect") to design an ocean front home to be built on Jupiter Island, Florida. Owner entered...
Is Appraisal Even Mandatory Anymore? Depends on The Policy.
On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | May 7, 2013 | Construction Law, Contract Law, Insurance Claims, Insurance Policies
Casualty insurance policies have long contained provisions requiring appraisal as to disputes. All too often, property owners would being suit to force their insurer to pay for a covered loss, only to have the case dismissed or stayed until the property owner complied...
Change Orders In The Construction Contract
On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | May 1, 2013 | Construction Law, Contract Law
As anyone in the construction industry knows, construction contracts are often modified during performance of the project. Often times, this is because something is left out of the design documents, a specified material is not available, or the owner simply changed...
The UCC Is Important for Contractors
On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Apr 17, 2013 | Construction Law, Contract Law, UCC, Warranties
Although in our litigation experience it is not typical for someone to assert that a contractor's contract to "furnish and install" is subject to the Uniform Commercial Code ("UCC") governing sales of goods, we have seen lawyers do it. Significant consequences can...
If You Buy Or Sell Materials, Then The UCC Is For You
On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Apr 16, 2013 | Contract Law, UCC, Warranties
Disputes involving the purchase and sale of materials and equipment will usually be governed by the terms of the purchase and sale agreement and the law applicable to the sale of goods. In this article, aspects of the important "express warranty" are reviewed. ...
The Clear Terms of The Policy Control. Or Do They?
On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Apr 10, 2013 | Construction Law, Contract Law, Insurance Claims, Insurance Policies
It is often repeated that the clear and unambiguous terms of an insurance policy govern, but that if any ambiguities exist, they are resolved in the favor of the insured. It is equally axiomatic that statutes are to be given their clear meaning. Based on those well...
Do You Really Know All of The Terms Incorporated Into Your Contract?
On Behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Apr 2, 2013 | Construction Law, Contract Law
A common practice in the construction industry is to incorporate by reference other documents into the contract between two parties. For example, subcontracts frequently incorporate the "Contract Documents" (which term is usually defined) and have a statement to the...
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