White Paper

8 Pages
  • 8 Pages

Contract Provisions


The reality is there are no “standard” construction contracts.

Both the American Institute of Architect and the Associated General Contractors of America promulgate their recommended form contracts for construction projects. In practice, these “standard” agreements are often cut, pasted and mutilated to the point of being entirely unrecognizable to the original “form” agreement. The modification of “form” agreements poses particular challenges to the integrated nature of these standard contract documents. In most construction projects there are a number of provisions that address particular issues to construction contracting as opposed to other forms of commercial agreements. This white paper addresses the most common and recurring provisions one encounters in negotiating and litigating in the construction arena. Those common provisions include delay, liquidated and consequential damages provisions; definition of “completion” and “substantial” completion; pay-if-paid clauses; indemnity and insurance provisions and punch-list and warranty provisions.



Michael Jay Rune, II

Michael Jay Rune, II

Carlton Fields, P.A.

  • Shareholder with Carlton Fields
  • More than 25 years of experience representing owner/developers, contractors, sureties, subcontractors, and suppliers in nearly all aspects of the construction industry and large-scale commercial construction projects
  • Has handled construction, surety, fidelity, and related insurance matters as well as mortgage fraud recovery through mediation, arbitration, and litigation in state and federal courts and mediates commercial and construction matters in Florida
  • Has represented clients in crane, scaffolding, and structural collapse cases
  • Known for his hard-hat approach to construction, spending time at construction sites and working with project managers and construction workers to gain firsthand knowledge of the construction industry and what goes on in the field
  • Published author and frequent speaker on issues important to the construction and fidelity industries
  • Recognized by Lorman Education Services for his above-benchmark customer course ratings and received the 2017 Platinum Distinguished Faculty Badge
  • Author of the International Association of Defense Counsel’s Annual Survey of Fidelity and Surety Law (1997–2004), and co-author of Liability and Performance Bond Surety in The Law of Performance Bonds (ABA 1999)
  • Board certified in construction law by The Florida Bar and a Supreme Court of Florida Certified Circuit Civil Mediator
  • J.D. degree, Samford University Cumberland School of Law; B.A. degree, cum laude, University of Texas at Austin
Michael Kelley

Michael Kelley

Shutts & Bowen LLP

  • Attorney in the Orlando office of Shutts & Bowen LLP
  • Practices commercial litigation, with a heavy emphasis on construction and design defects; additional experience includes construction contract drafting and negotiations, international and multi-national business transactions
  • Nonlegal experience includes construction financing, construction materials sales, and construction laborer and foreman throughout high school and college
  • J.D. degree, cum laude, University of Florida Levin College of Law; B.A. degree, magna cum laude, Rollins College

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