Author Archives: Jay Butchko
My Neighbor Built a Fence on my Property
Encroachment A normal home improvement project can turn into a huge construction and real estate matter. Fence builders must be well versed in locating property lines to avoid encroachment. This is especially the case where homes are built in close proximity. Encroachment is the building of a structure partly or entirely on a neighbor’s… Read More »
Three Fundamental Construction Contract Terms
Given how the construction industry operations, parties must craft construction contracts with clarity and use terms, language that encompasses the multiple eventualities that may occur during the course of the construction project. There are certain terms to which a drafter should particular pay attention. These terms dictate the direction of the construction project depending… Read More »
Best Practices When Dissolving a Business
When an owner is faced with dissolving a business entity (or winding up a business), there are multiple considerations the owner is faced with to facilitate a smooth and legal process. For one, the entity type and the ownership amount will dictate the legal processes required for dissolution. The owner should consider the status… Read More »
Latent Construction Defects and the “Discovery Rule”
After a construction project is completed and the owner of the building takes ownership, the clock starts to run. This proverbial clock is also known as the statute of limitations. If there is a defect in the property, a lawsuit must be filed four years from the date the owner took possession. In other… Read More »
Take These Protective Steps After a Third Party Injury Occurs on Your Construction Site
When a third party is injured on a construction site there a few things owner and contractors must do to ensure legal protection. But first, who is considered a third party? A third party in the construction world refers to an individual who is not working on the side of the owner or the… Read More »
Disputing Construction Liens by Various Claimants
As the owner of a completed construction project, you are not out of the clear to enjoy the property until the statute of limitations for making claims and construction liens have passed. Until that time, your property is subject to claims from contractors, laborers, material suppliers, subcontractors and professionals such as engineers. There are… Read More »
Florida’s Building Permit Laws
Permit Required According to the Florida Building Code, a building permit is required for any instance where a building is being erected or altered. Therefore, a permit is required if the owner of the property plans to construct, enlarge, repair, move, demolish, change occupancy or structure of the building. The list of when a… Read More »
Common Disputes in Commercial Transactions
Commercial transactions are always fraught with much risk and danger. Given the amount of money and the parties involved in commercial transactions, that area of business contracting can be rather complex, making it a hotbed for disputes. Disputes can occur before a transaction is final, during the performance of the contract or after the… Read More »
Construction Dispute Resolution vs. Construction Litigation
In multiple entries on our blog, we have addressed best practices as it pertains to construction delays and contract disputes. Much of the focus is usually on how to avoid scenarios that may end in litigation or a dispute resolution process. Here, we discuss the scenario where a contractor or an owner has identified… Read More »
What to Do When a Lien is Recorded Upon Your Property in Florida
Assume for a moment that you are the owner of a residence that recently had some renovations completed and one day you discover that a lien has been recorded upon your property. Or, alternatively, you are a general contractor and are required to indemnify the owner for any construction liens recorded against the project,… Read More »
