Martin|Hild, P.A.
  • HOME
  • ABOUT
  • OUR TEAM
  • CASES
  • News
Navigating COVID-19 for the Construction Industry
April 2020

The world is learning how to adapt to COVID-19, and the construction industry is no different. Deemed essential services in most jurisdictions, many businesses in the construction industry are still operating and have no choice but to learn how to grapple with COVID-19 on the job. In the sections below we provide tips to help the construction industry protect employees, maintain progress, and save time and resources.. ...

Continue Reading
Thou Shall Not Work Without a Proper License - A roadmap for the "good guys
March/April  2019  

Everyone has heard the horror stories of unlicensed construction contractors swindling money from people or leaving behind a trail of shoddy work.  It is easy to dismiss the issue of working without a proper license as only applying  the "bad apples" of the industry. ...The unfortunate fact is that, due to innocent oversight or lack of information, even the "good guys' - who work hard and try to do the right thing - may end up without a proper license. The laws regulating contractors in such situations do not take into account intent. ...

Continue Reading
Teaming Agreements - Traps, Pitfalls, and other Entanglements
December 9, 2015

A Teaming Agreement (and its sibling Memorandum of Understanding "MOU") is much beloved by the industry - contractors, subcontractors and design professionals alike - when competing for work.  An instrument to record a "relationship" to pursue a  project, it may or may not have legal significance.  It can either represent a casual date with no strings attached or you may be secretly married without even knowing it.  Understanding the distinction is critical to understanding your rights, remedies , and exposure ... 

Continue Reading

    
    
    
    
    
    
   






"Payment Clauses - Timing Provisions.  Reasonableness is in the Eye of the Beholder
December 9, 2015

Everyone wants to be paid timely for the work they perform; yet, no one wants to advance funds before they have been paid.  In Florida, a valid pay-paid clause in contract allows a "Prime" to withhold payment from a "Sub" unless and until the owner first pays the "Prime".  However if a pay-paid provision is not drafted correctly courts will view it as "timing provisions" resulting in...

Continue Reading
You Win...But, You Still Lose.  The "Duty to Defend" and What it Means to You.
September 23, 2015     
                                                                      

After a long trial, you are proven to be correct.   You have committed no breach, no error, no wrong and yet, you owe attorney's fees to the other side.  How is that even possible?  The "duty to defend" is the answer.  "But, I only agreed to pay for the damages that I caused.  I did not agree to pay for their lawyer."  Unfortunately, you may have, in fact, agreed when you signed your contract...

Continue Reading

  • Can an Email serve as "Written Notice?"
    June 3, 2015
  • Contracts often require "written notice" to advise the other party of a claim for additional compensation or time.  With the routine use of electronic mail. the question has arisen whether an email can suffice.  Many states now recognize the enforceability of electronic signatures and serveral courts now require nothing but electronic filing.  Thus, it would seem natural that an email should constitute "written notice."  However...

Continue Reading
Pay-if-Paid Clauses:  Is it the "Cure-all" for Primes?
March 30, 2015

 A valid pay-if-paid clause in a contract allows a “prime” to withhold payment from a “sub” unless and until the owner/client first pays the “prime.”  This clause, when written correctly shifts the risk of the owner/client’s failure to pay from the “prime” onto the “sub.”  If not written correctly, courts have interpreted conditioned payment provisions as “timing provisions.”   In other words, the "prime" can only withhold payment for a reasonable period of time...

Continue Reading

Firm Newsletter Archive

    2020

Picture
April '20
 2016

Picture
March '16
2015

Picture
December '15
Picture
September '15
Picture
June '15
Picture
March '15
2014

Picture
December '14
Picture
September '14
Picture
July '14
2013
Picture
December '13
Picture
September '13
Picture
June '13
Picture
March '13

Firm Article Archive

Navigating COVID-19 for the Construction Industry...  -April 23, 2020
Thou Shall Not Work Without a Proper License - A roadmap for the "good guys"...  - March/April, 2019
Teaming Agreements:  Traps, Pitfalls, and Other Entanglements.  - March 17, 2016  
Payment Clauses - timing Provisions:  Reasonableness is in the Eye of the Beholder. - December 15, 2015
You Win...But, You Still Lose.  The "Duty to Defend" and What it Means to You. - September 15, 2015
Can an email serve as "Written Notice?" - June 3, 2014
Pay-if-Paid Clauses:  Is it the Cure-all for "Primes" - March 30, 2014
"Patent" v. "Latent" Defects: Why This Distinction Is Important - December 8, 2014
The Implied Duty of Good Faith and Fair Dealing - September 23, 2014
2013 Court Decision Presents Interesting Take on Indemnification Analysis - July 19, 2014
Florida Legislature Provides Design Professionals a Limitation of Liability for Claims of Negligence - June, 10, 2013 
New Florida Public Records Law Impacts Government Contractors - November 25, 2013
New Daubert Standard in Florida Limits Expert Evidence At Trial - July 1, 2013
Proving a Delay Claim (And Defending Against Them) - April 19, 2012
Mediating the Construction Dispute – Keys to Success (or Failure) - March 23, 2010

Florida 
555 Winderley Place, Suite 415
​Maitland, FL 32751
T: 407.660.4488
F:  407.660.4540
Colorado
​2851 S. Parker Road, Suite 460
Aurora, CO 80014
T:  720.242.8548
California
​
6 Cushing Drive, Suite 201
Irvine, CA 92618
T: 949.608.6138
Picture
Download Firm Brochure
Email: info@martinhild.com
Terms of Use/Legal Disclaimer