Typical subcontracts between the Subcontractor and the Prime Contractor include an incorporation provision of the Prime Contractor’s Prime Contract.  The typical provision would read as follows: “The contract between Contractor and the Owner is hereby incorporated into and made a part of this Agreement by reference.    Subcontractor assumes toward Contractor all of the obligations and responsibilities contained...Read More

Generally, construction managers are retained by the owners to manage the construction projects.  They do not enter directly into contracts with the general contractors, but instead as agents for owners.  In such instances, and as a general rule, construction managers cannot be sued by the general contractors directly for the economic losses.  However, if the construction managers commit...Read More

A new decision by a Florida Appellate Court Phillips v. Pritchett Trucking, No. 1D20-2068, Fla. 1st DCA (Oct 6., 2021), provides certain relief to the lien claimants when they are trying to deliver the mechanics lien for recording to the clerk’s office close to the lien recording deadline.  The Court determined to the extent the...Read More

Subject to the Executive Order 14042, Federal Workforce Task Force issued guidance for the federal contractors and their subcontractors requiring mandatory COVID-19 workplace safety protocols, including vaccinations.   The Guidance requirements relating to the vaccination requires covered contractors to ensure all covered employees are vaccinated not later than December 8, 2021, or prior to the first...Read More