Unlicensed Contracting: No License – No Contract

Alexander Barthet Claims, Contracts, Defenses, Payment Leave a Comment

Florida law requires that individuals who work as contractors obtain a state contractor’s license to perform most construction work. The law defines a contractor as anyone who builds, improves on, tears down, or subtracts from any building or structure for compensation. This covers actual construction, as well as structural alterations and plumbing, electrical, or air conditioning work.  Performing construction work …

Alexander BarthetUnlicensed Contracting: No License – No Contract

No Good Deed Goes Unpunished

Alexander Barthet Defenses Leave a Comment

When an engineer agreed to help out a fellow professional whose license to practice had been revoked, he didn’t bargain on becoming the subject of disciplinary proceedings. He had assumed the role of engineer of record on two ongoing projects, and reviewed the work performed to date by the now unlicensed engineer.  He did so as a favor and without …

Alexander BarthetNo Good Deed Goes Unpunished

Who’s at fault? Dealing with condominium construction defects after the developer leaves

Alexander Barthet Defects, Defenses, Warranty

Far too often, feelings of elation and the excitement of purchasing a new condominium can sour when the buyer becomes aware of one or more construction defects. A dream unit can become a nightmare once flaws, both patent and latent, are encountered after the developer has turned over the project and left the site. Who is accountable for the necessary repairs?

Alexander BarthetWho’s at fault? Dealing with condominium construction defects after the developer leaves

An Insurer’s Duty to Defend a Defect Claim: General Contractor Litigation

Alexander Barthet Defects, Defenses, Insurance Leave a Comment

In today’s post-boom construction environment, claims by project owners of construction defects, wrongful or otherwise, are all too common. Because the potential for damages and litigation expense associated with such claims can be substantial, a contractor would do well to have a working knowledge of his rights and responsibilities under a commercial general liability (“CGL”) insurance policy, especially the carrier’s “duty to defend”.

Alexander BarthetAn Insurer’s Duty to Defend a Defect Claim: General Contractor Litigation

Grappling With The Nuances of Florida Statute Chapter 558: Construction Litigation

Alexander Barthet Defects, Defenses Leave a Comment

Though well-intentioned as a means to resolve construction defect disputes prior to litigation, the application of Florida Statute Chapter 558’s procedures can be unwieldy in practice, with cases interpreting its provisions emanating from Florida’s courts in a piecemeal fashion.

Alexander BarthetGrappling With The Nuances of Florida Statute Chapter 558: Construction Litigation