Tag: featured

Who can Prepare and Sign a Claim of Lien

Do you know who is supposed to prepare and sign a claim of lien? You better know, as having the wrong person do it can open one up to certain liability and even invalidate the claim of lien. Can You Prepare & Sign That Claim of Lien? Specifically, a claim for a construction lien in Florida should only be prepared by the lienor, the lienor’s employee or the lienor’s attorney licensed to practice law in the state, and that claim of lien should only be signed by the lienor or its authorized agent. The preparation of a claim of lien for third ... Read more

6 Ways to Gain an Edge in Construction Disputes

Steering clear of lawsuits, especially those stemming from construction disputes, is always a good idea. To do so, make a point of getting all important agreements in writing. This will avoid miscommunication and selective memories. Do the same with any subsequent modifications. If things aren’t working out, document the problem with written notice to the other side. Then if you reach a point where your disagreement can’t get resolved, remember these pointers to gain an edge if you have to sue: Being a plaintiff rather than a defendant is best. Statistically, juries more often side with plaintiffs. File first – this way you get to choose ... Read more

Is Prompt Payment a Requirement? A Mistake Can Cost You.

There is a little known but powerful tool for subcontractors and suppliers.  It allows them to seek immediate payment on undisputed contract obligations due on public projects from contractors who have already been paid. Prompt Payment on Public Jobs. While a contractor may find it preferable for cash flow reasons to simply keep a subcontractor waiting, even after receiving payment for its portion of the work from the municipality or public entity, it is neither legal nor smart.  Contractors would do well to heed the rulings by Florida’s courts which have made clear that ignoring the prompt payment statute comes ... Read more