A savvy contractor or subcontractor is generally familiar with the steps necessary to properly obtain and record a construction lien
More
The Eleventh Circuit Court of Appeals, in a recent case which will have far reaching implications in the construction industry, soundly rejected workers’ demands for pay under the Fair Labor Standards Act.
More
It is not uncommon in the construction industry for parties to exchange and revise drafts of written contracts before agreeing on a final version.
More
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.
More
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.
More
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.
More
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.
More
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.
More
Today’s distressed real estate market does not discriminate when it comes to claiming victims. A particularly onerous situation occurs when a condominium developer becomes insolvent and is unable to pay its bills.
More
In 1981, and again in 1992, an engineer and municipality entered into General Consulting Agreements. The 1992 Agreement called for the engineer to, among other things, provide "statements of probable cost" to the municipality for a road improvement project.
More
During the course of a construction project there is always the possibility that a contractor may “walk off” the job, leaving the owner, subcontractors and material suppliers with a difficult and often expensive dilemma.
More
What happens when a borrower has earmarked portions of a construction loan for specific purposes but those designated funds are then subsequently disbursed by the lender for another purpose?
More
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.
More
This information is being presented from the Contractor's vantage point. Hopefully, this will also provide valuable information for any design professional seeking to gain greater knowledge and information regarding the risk management concerns that apply to a Design/Build project led by a construction firm.
More
South Florida is experiencing unprecedented growth in residential, commercial, and public construction.
More
Copyright infringement is not limited to MP3 files or DVDs, it also applies to construction plans.
More
Finding yourself sued by an unhappy buyer of a property you helped build is no longer an unusual occurrence. In fact, such claims have become commonplace enough that Florida now has a law in place to address such issues.
More
The filing of a construction or mechanic's lien is just one in a series of steps a contractor can take to protect its right to receive payment for labor and materials provided.
More
Assume a commercial dispute in which a plaintiff brings a count for breach of contract (with a request for compensatory damages) along with a fraud-related count (which seeks rescission of the subject contract).
More
One particularly onerous part of the litigation process is compliance with document production requests.
More
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.
More
A standard clause in many construction related contracts often requires one of the parties to indemnify and hold the other harmless.
More
In a recent Florida Supreme Court decision, the protection afforded to non-professional service providers against claims for solely economic damages has been erased.
More
What are a surety’s rights and obligations in disputing a subcontractor’s claim made under a payment bond?
More
The scenarios under which construction professionals and their companies may be threatened with violations of various statutory false claims acts are as broad as the industry itself.
More
When confronted with a possible fraudulent deed, there are several legal options available to help determine the status of such a deed and the true owner of the property.
More
You've been awarded a final judgment- what, if any, good does that piece of paper do for you?
More
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.
More
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.
More
There is no running away from the fact that we live in a highly litigious society, and there is no question that having to file a lawsuit to enforce your rights or being brought into a lawsuit to defend yourself is at best an expensive proposition and at worst a gut wrenching experience.
More
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.
More
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.
More
There are an estimated 35,000 homes in Florida that were built with Chinese drywall from 2004 to 2008, some 30% of the installations nationally.
More
As the construction industry continues to play a major role in Florida’s economy, there are a variety of entities involved in this industry who need to be concerned about liability issues in the event that a particular construction project does not proceed or is otherwise not completed according to plan.
More
A lienor can waive or release its construction lien anytime it wishes to settle its claim.
More
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.
More
Many of today’s mergers and acquisitions have hidden risks, which, if unaddressed, could prove financially fatal years after a deal is completed.
More
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.
More
The Florida Legislature continues to enact laws geared to protect consumers in a construction setting.
More
One method of resolving legal disputes short of a full trial is nonbinding arbitration. Authorized under several Florida statutes, nonbinding arbitration can be said to resemble a minefield.
More
Increasing use of restrictive covenants protect firm’s intangible assets but can limit employees’ future career opportunities.
More
Noncompete agreements operate to restrict an employee from competing against his or her employer in the event that the employee leaves the company.
More
Too often in the law, great advancements are encountered by greater obstacles.
More
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.
More
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.
More
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.
More
The American Institute of Architects produces contract and bond forms regularly utilized by the construction industry.
More
The reward a subcontractor obtains after successfully completing its work is a final payday.
More
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.
More
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.
More
Florida Statute §255.071 is a little known but potent tool for subcontractors and materialmen.
More
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.
More
A promise to sell real property can be just so many words if it isn’t reduced to writing.
More
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.
More
When public monies are involved, the potential exists for any contractor to find itself on the wrong end of a false claim proceeding.
More
In South Florida’s current real estate market, problems surrounding the vast amount of new construction, particularly high-rise condominiums, seem to garner a substantial number of headlines.
More
As a general rule, the limitation period in most jurisdictions for filing a materialman’s lien on a property, assuming all other conditions have been met, begins to run when the materials are delivered to the property.
More
The most common refrain I hear when talking to clients about Contract Review and Administration is: “I only sign a standard contract.”
More
Many building projects require rezoning of the property on which they are to be built so as to comply with applicable laws.
More
Because purchasing a home is typically the largest purchase a person makes in their lifetime, it quickly becomes a roller-coaster ride of excitement and emotions, encompassing hours of research, projections, and financial analysis.
More
The variety and types of claimants scheduled on a debtor’s schedules and who file claims can be quite varied.
More
Shifting the risk of an owner's possible nonpayment from one party to another is neither simple nor guaranteed.
More
Firms which decide to participate in the “Design/Build” Construction Delivery System agree to both construct and design the project.
More
If you are the owner of a property that is the site of a construction project, one way to limit your exposure to the individuals and companies working on the project is to make “proper” payments during the course of construction.
More
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
More
Construction contracts and construction-related statutes generally provide the prevailing party with recovery of its incurred attorneys’ fees.
More
This topic has always created a dilemma for contractors, design professionals and their insurance agents.
More
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.
More
Is your firm providing services to a condominium, be it to the common elements or to individual units? If so, you need to know that the law in most states requires such contracts be in writing.
More
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.
More
Good contracting practices, The contract documents, work defined, ...
More
Subcontract price, payment, time, extensions of time, ...
More
Change Orders, Notices and Claims, Bonds and Insurance, Indemnification...
More
It is no surprise that your Subcontractors will retain the services of other specialized trade professionals and suppliers in the performance of their duties.
More
The devil is in the details. This is particularly true in construction.
More
themangomedia.com
