Construction Contractors - Florida Statutes, Section 489

What is Contracting? Florida Statute (6) “ "Contracting" means…engaging in business as a contractor…” In order to engage in contracting on other than a statewide basis shall must be registered pursuant to Florida Statute

Contracts What is a contract? Elements – Offer – Acceptance – Consideration – Lack of defenses

Contracts Types of Contracts – Written – Oral – Implied Standard Form Contracts (AIA, AGC, etc.) Custom Contracts Master Form Contracts Purchase order contracts

Contracts Construction Contracts What is unique about construction contracts? – Services – Substantial Completion – Unknown and/or differing Conditions – Change Orders – Weather – Etc.

Contracts Who can enter into a contract? Authority – Actual – Implied or Apparent Some current case examples: – Workers agreeing to additional work – Subcontractors agreeing to additional work

Contracts Reading the Contract RTFC! – Duties – Notice Periods – Conflicts – Ambiguities – Risk Allocation – Liquidated Damages – Etc.

Contracts Construction Contract Provisions Payment Methods Substantial Performance Contractual Clauses – The Changes Clause – The Scope of Work Clause – Flow-Down and Flow-Up Clauses – Other Standard Clauses Modification of the Contract Concealed and Changed Conditions Damages in the Event of a Delay

Questions? Feel free to contact me James E. Krause, Attorney 219 N. Newnan Street, Fourth Floor Jacksonville, Florida Telephone Cell