Freeman Mathis & Gary, LLP’s Post

Florida’s Fourth District Court of Appeal partially reversed a dismissal with prejudice of all of a general contractor’s claims against a subcontractor, finding that the credit agreement between the parties did not preclude claims for breach of an implied in fact contract or negligence. The case is an important reminder that not only do the terms of contracts matter, but so do when they are signed, who signs them, and how they are referred to in pleadings. #constructionlaw #contractors #floridaconstruction https://lnkd.in/eCCaZ7nX

While not exactly best practice for filing a claim, I like this contractor's evocative approach. The claim in this case simply alleged that the contract was "royally messed up." Surprisingly, the CBCA was able to piece together a cognizable legal theory from the contractor's correspondence with the agency. Subscribe to Pub K here: https://lnkd.in/dfKsth #govcon #pubkgroup #governmentcontracting #claims

Is a collateral warranty a ‘construction contract’? Rebecca Munday looks at a recent ruling, has the Supreme Court settled the debate? Read her article here: https://lnkd.in/em5izce4 #ConstructionSector #ConstructionIndustry #ConstructionLaw #CollateralWarranty #ConstructionContract

*ANOTHER 90% INTERIM PAYMENT IN BUDGETED CASE* The court's approach to interim payments in budgeted cases is pretty concrete with another judgment seeing the court order a payment on account of 90% of the Defendants' budgeted costs and 65% of their non-budgeted costs. In Surrey Searches Ltd & Ors v Northumbrian Water Ltd & Ors [2024] EWHC 2283 (Ch) (03 September 2024) 5 of the 6 Defendants had actually asked for 100% of their budgeted costs but the court did not ultimately accept this. It's another demonstration of why it's worthwhile having a strong Costs Budget from the off, as it'll ultimately feed into any interim awarded which in turn impacts on cashflow and the final costs recovery. Carter Burnett Full Judgment -> https://lnkd.in/e67Qis99 #costs #law #legal #costslaw #interimpayment #litigation

More insight into the approach of the courts to enforcement.

If a Claimant issues an N279 Notice of Discontinuance (under Civil Procedure Rule 38) - should the Defendant(s) automatically be entitled to 100% of their costs, and the Claimant repay any interim Costs Orders? We argue that should be the case in default! #SLAPPs #Litigation #N279 #Discontinuation #Court https://lnkd.in/eP5W29cC

Great to be involved in this interesting case report on use of the "slip rule" ⬇ If you're interested in #adjudication or #legal developments, then sign up to Beale & Co's webinar next month too - https://lnkd.in/gK25mB7T (James Vernon) #ConstructionLaw #contract

Doing business with the federal government generates a highly specialized set of legal issues, particularly given the current emphasis on oversight, compliance, and mandatory disclosure of wrongdoing, and “flowdown” provisions are one of the most challenging aspects of government contracting. Robyn Burrows will join Devon Hewitt (Potomac Law Group , PLLC) on August 20 at this live Strafford webinar to explain the unique requirements and legal risks of subcontracting with government contractors and provide unique insights for prime contractors and subcontractors when negotiating flowdown terms that result in high-yield, low-risk government contracting. Learn more: bit.ly/46sasY1 #governmentcontracting #govcon #subcontracting #governmentcontracts

This recent Court of Appeal ruling reinforces the critical importance of clearly defined contract terms when dealing with late payments. For businesses dealing with financial disputes, it’s a powerful reminder that understanding your contractual rights is key. Don’t let late payments disrupt your business - ensure your contracts work for you 📈 Read more - https://lnkd.in/eVUjXDp5

Get more bread out of the Fed. As the Federal Government continues expanding, there are more and more opportunities for government contractors to land lucrative contracts. Offit Kurman lawyers have the experience and know-how necessary to navigate the complex world of government contracting. As Director of Business Development, I will connect you to the right attorney in our Government Contracting Group. I will also attend the initial meetings as your advocate. Let us help you grow your business, check out our link in the comments. #GovernmentContracting #Contractors #Contracts