Author Archives: Jay Butchko
Latent Construction Defects and Florida’s Statute of Repose
Generally, there is a 4 year statute of limitation period to file a complaint for defects where it concerns the construction of real property. This statute of limitation applies to defects that are discoverable. However, Florida Statute 95.11 provides a statute of repose period for latent defects actions. These are defects that are not… Read More »
WHY YOU SHOULDN’T PREPARE A CONSTRUCTION CLAIM OF LIEN YOURSELF IN FLORIDA
Payment problems are an unfortunate truth in the construction industry, and nearly every contractor or supplier has faced a payment issue in some form or another. Several look to construction liens to protect themselves. And why not? Construction liens are an effective tool to safeguard one’s right to payment. The problem, though, is that… Read More »
Attorney Brendan Sweeney featured in the September edition of the Broward County Bar Barrister
HURRICANE RELATED FRAUD What do hurricanes and general contractors have in common? Bad ones can put Florida homeowners in a really tough spot. And, combined with a bad contractor, it can leave a homeowner in a disastrous situation. Florida is a hotbed for destructive hurricanes and unscrupulous contractors. Often, such contractors exploit homeowners who… Read More »
Construction Work and Environmental Law Concerns
Individuals in the construction industry have many obligations that is external to the work they are performing. The construction industry must work diligently to minimize the externalities that they pass on to the general public. For example, before starting a project that requires underground digging, a contractor is mandated to perform an investigation to… Read More »
“Slip and Fall” Tort Litigation Guidance for Business Owners
Business owners have a large amount of responsibility to secure their premises from dangerous conditions that may be hazardous to their patrons. That is part of the cost of operating a business. However, when a claim is filed, the business owner must make assertive decisions to ensure that the litigation is proper and that… Read More »
EMPLOYEES VS. INDEPENDENT CONTRACTORS IN FLORIDA
Though there are many distinctions between employees and independent contractors, possibly the most apparent one is that an employer of an independent contractor does not have the right to control or direct the means or method of completing the work results, only the result of the work itself. Put differently, the right to control… Read More »
Common Ethical Issues in Construction Law
Construction law like many other areas of law is fraught with tangential issues that can permeate into the substance of construction law issues. Parties engaged in construction contracting are wise to look for and anticipate ethics issues before they become a problem. The common pitfalls are subtle and usually not discoverable unless familiar with… Read More »
THE TYPES OF DEEDS UTILIZED IN FLORIDA REAL ESTATE TRANSACTIONS
There are essentially four basic types of deeds in Florida and a few additional specialized ones based off those four. Those four basic types of deeds, in order of diminishing benefit to the Grantee, are: the Warranty Deed, the Special Warranty Deed, the Fee Simple Deed, and the Quit Claim Deed. Furthermore, you have… Read More »
Legal Liability for Construction Site Accidents
Construction site accidents are rampant in the construction industry. In addition to its frequency, the politics of liability can turn complex given the many parties involved on a construction site and the legal implications that can arise depending on the standard of care expected from the party. On any traditional, larger-scale construction site, there… Read More »
PIERCING THE CORPORATE VEIL IN FLORIDA
A corporation is a legal entity separate and distinct from its shareholders. The corporate form usually protects shareholders from personal liability for the corporation’s debts. Nevertheless, shareholders cannot use corporate status to limit their liability, and then use the corporate form to cover their fraud. Under such conditions, a party may seek to “pierce… Read More »
