Based upon the U.S. Bureau of Labor Statistics, the first half of 2021 was strong for the construction industry. The seasonally adjusted annual construction spending continues to rise and is above the spending for both 2019 and 2020. Although labor shortages continue to plague the construction industry, the seasonally adjusted number of employees is well-
Latest from The Barthet Firm - Page 2
There Will Be Changes—After the Champlain Towers Collapse
“Quality is remembered long after price is forgotten” So said Aldo Gucci, the chairman of the famous Gucci fashion house from 1953 to 1986. On Thursday, June 24, 2021, at approximately 1:25 a.m. EDT, Champlain Towers South, a 12-story beachfront condominium in Surfside, Florida, partially collapsed. Ninety-eight people died. While the full extent of the
And You Thought You Had Problems
A prominent South Carolina attorney whose wife and son were brutally murdered—and who has since been shot in the head, accused of misappropriating law firm funds for his personal benefit, ousted from the law firm his great grandfather started 100 years ago, and placed in rehab for drug dependency—has now been suspended from practicing law,
How to Deal with Weather Delays
With hurricane season upon us, contractors, especially those in South Florida, need to be attentive to the limitations within any contract they sign relative to weather delays. Is the delay excusable (not in the control of the contractor) versus inexcusable (caused by events within the control of contractor). The threshold question in making this determination is
Is a Verbal Agreement Valid?
A common but mistaken belief is that a verbal contract isn’t any good and can’t be enforced. This is not true. In Florida, and in many other states, a contract need not be in writing to be binding. Whether written or oral, any agreement just needs to have three elements to be a real contract. You need an offer,
Satisfaction of Lien Generally Requires Payment of Legal Fees
Everyone involved with construction is familiar with liens. They are the go-to tool for general contractors, subcontractors and their suppliers when payment may be in jeopardy or an issue arises that keeps the owner from paying what may be due. Once filed and recorded, the lien encumbers the real property where the work has been
Ensure Non-Compete Agreements Are Enforceable
It happens often: A company owner discovers that one of its projects has been diverted to a competitor. The owner digs into the situation and finds, to his surprise, that the customer’s emails directed to the company’s project manager asking about pricing alternatives never got to the owner. They were instead apparently given to a
Who’s at Fault: Architect or Engineer
When a building unexpectedly collapses, as happened in Surfside, everyone begins to think who may be to blame. And high on everyone’s list is likely to be the architect and the engineer. Of course, it is generally assumed that the duties associated with the professions of architecture and engineering are as distinct as are the
Ethical Responsibilities in Construction: The Aftermath of the Surfside Building Collapse
The Surfside building collapse has brought into focus a number of concepts, chief among them the ethical responsibilities of contractors, engineers, architects, inspectors, and even the board members of homeowners or condominium associations. Ethical behavior is defined by a set of ideals and moral principles, a system of values guiding one’s conduct. It is in the
Dealing with Construction Defects at Champlain South Tower Condominium
As the nightmare of the Surfside building collapse sinks in, folks are beginning to explore who may be responsible for repairing and replacing the extensive damage. The answer, as with many legal questions, is, “it depends.” Historically, the condominium purchaser would look to the common law warranty of fitness and merchantability for relief, specifically alleging