site forms statutes articles   Archived Articles Lien Over: Points to Consider When Releasing Your Lien A lienor can waive or release its construction lien anytime it wishes to settle its claim. (May, 2007) Not Everyone Can Do It: Preparing and Signing a Claim of Lien The preparation of a construction claim of lien appears to be such a routine task that many take for granted the importance of who is actually authorized by statute to do so. (April, 2007) Noncompetes for Professionals Noncompete agreements operate to restrict an employee from competing against his or her employer in the event that the employee leaves the company. (March, 2007) The Pitfalls of Contract Zoning Many building projects require rezoning of the property on which they are to be built so as to comply with applicable laws. (February, 2007) Mergers and Acquisitions and Successor Liabilities: The Deal is Done, but the Liability Lives On Many of today’s mergers and acquisitions have hidden risks, which, if unaddressed, could prove financially fatal years after a deal is completed. (January, 2007) Bid Shopping: Understanding Your Rights General contractors and subcontractors are familiar with the process of bidding for work; soliciting competitive bids from subcontractors and materialmen is a crucial ingredient in every bid. (December, 2006) Acceptance by Performance It is not uncommon in the construction industry for parties to exchange and revise drafts of written contracts before agreeing on a final version.(September, 2006) All Is Not Lost: The Making of a Common Law Bond Enter into a formal contract with any public authority for the construction or repair of a public building or structure or for performance of other public work and you will need to have a payment and performance bond in place, so say most state statutes.(July, 2005) Attorneys Fees for Separate Claims In a recent decision, Avatar Dev. Corp. v. DePani Construction Inc., 883 So.2d 344 (Fla. 4th DCA 2004), a Florida court held that a construction lien foreclosure claim was separate and distinct from the claim for loss of future profits.(January, 2005) Beware Promises Not Kept A recent case should give pause to those who believe that legal disputes between parties will always be decided by the written terms of their agreement.(May, 2006) Claims of Lien: How Many Do I Need? How many claims of lien must a lienor record? A contractor, subcontractor, laborer, materialmen, or anyone else who may be a lienor, is required to record only one claim of lien for his entire demand against the real property for labor or services or material furnished.(January, 2005) Copycats Beware! Copyright infringement is not limited to MP3 files or DVDs, it also applies to construction plans.(November, 2004) Contractors Must Comply With Local Licensing Requirements Recent legislative changes allow contractors to perform work even if they are not certified and registered, but only in those localities where the local licensing ordinances also do not require them to be certified and registered. (December, 2004) Contract Disclaimers Count In 1981, and again in 1992, an engineer and municipality entered into General Consulting Agreements.(March, 2004) Contractor's Professional Liability Coverage This information is being presented from the Contractor's vantage point.(March, 2005) Contribution, Indemnity and Legal Subrogation In A Construction Setting: Differentiating Patent from Latent Defects South Florida is experiencing unprecedented growth in residential, commercial, and public construction. (January, 2006) Don’t Mobilize your Construction Trailer Just Yet? The Uncertainty of Letters of Intent The preparation of a construction claim of lien appears to be such a routine task that many take for granted the importance of who is actually authorized by statute to do so. (December, 2005) Economic Loss Rule Not Applicable In a recent Florida Supreme Court decision, the protection afforded to non-professional service providers against claims for solely economic damages has been erased. (January, 2005) Hidden Traps and Treasures in Florida's Lien Laws Like any other statutorily driven area of the law, Florida’s lien law poses some serious risks to those who are unaware of its intricacies.(January, 2003) Indemnification Clauses: Often Found, Rarely Understood The notion of shifting liability for personal injury or damage to property from one party to another has become common place, especially within construction contracts.(February, 2006) Is Payment Due Now, Later or Not At All? It is customary for general contractors to include pay when paid clauses in their contracts, attempting to limit any requirement on their part to pay their subcontractors until they've received payment from the project's owner. (February, 2004) Isn't That My Money!  Dealing with Preferential Transfers Stay in business long enough and you will inevitably become a creditor in someone’s bankruptcy - a disappointing development made worse when you receive a demand from the Trustee’s counsel asking for the return of a payment you recently received from the bankrupt debtor.(October, 2004) Maintaining a Condominium Way of Life A high-rise condominium community attractively situated on Biscayne Bay was shut down and evacuated by emergency order of the City of Miami as a result of substantial failures in and to the structural steel members of the building.(April, 2004) Mold and Mildew Claims Spreading The World Health Organization estimates one in every six commercial buildings in the U.S. suffers from "sick building syndrome." 20,000 new cases of bacterial pneumonia per year are spread through HVAC systems.(January, 2004) More Requirements; More Notices in Florida The Florida Legislature continues to enact laws geared to protect consumers in a construction setting.(August, 2004) Not All Bonds Are Created Equal: Distinguishing a Common Law Bond From a Statutory Bond Too often in the law, great advancements are encountered by greater obstacles.(February, 2005) Overestimating a Construction Project Florida's Third District Court of Appeal has recently reversed a significant jury award in favor of a municipality and against a consulting engineer, remanding the case for a new trial. (February, 2004) Owner-Controlled Insurance Programs for Public Construction Projects The Florida Legislature recently passed a new law that allows state agencies, as of October 1, 2004, to purchase owner-controlled insurance in connection with a public construction project, if necessary and in the best interest of the public agency.(October, 2004) Payment Bond Payout…The 45 Day Countdown The American Institute of Architects produces contract and bond forms regularly utilized by the construction industry.(January, 2005) Prevailing Party: Who Recovers Legal Fees The prevailing party for the purpose of a contractual attorney’s fee provision is the party that prevails on the significant issues in the litigation.(March, 2006) Prompt Payment: A Requirement, Not an Option Florida Statute §255.071 is a little known but potent tool for subcontractors and materialmen.(June, 2004) Prompt Payment Statutes Are Alive and Well A recent case addressed a little known Florida statute. Fence Masters Inc. v. Zurqui Construction Services Inc. stemmed from a subcontractor’s request for payment on work done to improve public property under a contract with a general contractor. (August, 2003) Relation Back to Notice of Commencement Under Fla. Stat. §713.07(2), liens under §713.05 (persons in privity) and §713.06 (persons not in privity) attach and take priority as of the time that the notice of commencement is recorded.(June, 2006) Shop Drawings: Another Area of Concern for the Design Professional Design professionals, including architects and engineers, can be held liable for issues that are not addressed during a review of shop drawings and which later develop into problems on a construction project.(July, 2006) Selling Real Estate: When Do You Have a Deal? A promise to sell real property can be just so many words if it isn’t reduced to writing. (March, 2004) Standard Contract The most common refrain I hear when talking to clients about Contract Review and Administration is: “I only sign a standard contract.”(January, 2005) Waiting to Get Paid: Are "Pay When Paid" Provisions A Matter of When or If? Shifting the risk of an owner's possible nonpayment from one party to another is neither simple nor guaranteed.(October, 1999) What "Construction Services" Require Professional Liability Firms which decide to participate in the “Design/Build” Construction Delivery System agree to both construct and design the project.(May, 2005) When Can You Sue? The Latent Defect Extension If a homeowner has a problem with either the design, planning or construction of an improvement to his real property, he must initiate legal action within four years of the date of actual occupancy by the owner, the date of issuance of a certificate of occupancy, the date of abandonment of construction if not completed(July, 2004) Who is the Insured?  Dealing with Joint Ventures and Limited Liability Companies This topic has always created a dilemma for contractors, design professionals and their insurance agents.(June, 2005) Who is Prevailing Party? Construction contracts and construction-related statutes generally provide the prevailing party with recovery of its incurred attorneys’ fees. (October, 2005) Who Owns that Name? A drive-thru restaurant spent $10 million dollars on its ad campaign. However, it apparently failed to check a very important detail -- if it could use the slogan it had developed.(January, 2004) With Or Without Notice: Obtaining a Replevin Writ Prior to Final Judgment Nothing is more frustrating to a creditor than being told that despite holding all the right documents on a defaulted obligation, it cant immediately take back the personal property which collateralizes or otherwise forms the basis of a prior transaction.(December, 2002)           Copyright © 2008, The Barthet Firm. All rights reserved.