I write a fair amount about construction claims, and I frequently emphasize the importance of properly proving damages in connection with construction claims (e.g., a general contractor only being awarded $22,000 on its $1.3 million claim against a subcontractor, in part, because the general contractor failed to adequately prove its damages).

Under Florida law, the burden is on the party seeking damages to prove its damages with a reasonable degree of certainty. While difficulty proving your damages may not be a bar to recovery, the award of damages cannot be based on mere speculation or guesswork.

A recent federal court trial illustrates the difficulty contractors and subcontractors can have proving claims against each other for breach of a construction contract.Continue Reading The Burden of Proof for Construction Damages

The coronavirus (COVID-19) is gaining speed and construction projects across the country and in Florida have reportedly been slowing or shut down as a result. It’s time for construction contractors, including those working on government projects, to consider whether they will be entitled to additional money and/or time on their projects. In this post, we will take a brief look at how things might shake out on federal government and Florida Department of Transportation (“FDOT”) projects.
Continue Reading Coronavirus and Government Construction Projects: Do Contractors Get More Money and Time?