Author Archives: Jay Butchko
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 »
Bid Protests: Challenging a Construction Bid Award
In the world of large-scale construction projects, the construction bidding process has legal factors that can dictate the contractor that ends up getting the job. The life cycle of the bidding process is usually seen as an administrative one. The legal aspect does not arise until something goes awry with the processing of bids…. Read More »
Navigating Florida’s Roofing Laws
What is Roofing Law? Roofing law has become a specialized area of construction law given the uniqueness of the legal issues arising in the area. Many states, including Florida, have laws governing contractors involved in roofing work. These laws are found in the state’s building codes and they are enacted to ensure that all… Read More »
How Title III of the ADA Affects Your Business
From ramps to wide automatic doors and large bathroom stalls, these accessibility elements are all part of the mandate requiring certain businesses to comply with construction standards with the goal of serving persons with disabilities. These accessibility standards apply to certain businesses that are frequented by the public at large. The accommodation rules are… Read More »
Whatever, Your Construction Contract is Soo 2007! An Overview of the Substantive Changes in the 2017 AIA-A201
For over one hundred years, the American Institute of Architects (AIA) have been publishing construction documents that are used from coast to coast in the United States and are among the most popular and consistently utilized throughout the construction industry. The AIA issues amendments to their construction documents every ten years; the most recent… Read More »
Construction Projects and the Enforcement of HOA Rules
If you live in a suburban neighborhood, you have most likely interacted in one way or another with your Homeowners’ Association (HOA). These organizations are created under the housing deeds signed by homebuyers. HOA enacts rules that govern certain aspects of how the neighborhood operates and they also enforce existing restrictions, covenants and regulations…. Read More »
Construction Delays: Consider These Strategies
A construction delay is a feared concept in the realm of construction work, however; delays are mostly unavoidable. A construction delay can create a costly situation for all parties involved. Having to spend more money on sub-contractors, services, and insurance makes for a complicated dynamic and raises the possibility of conflict. A lengthier timeline… Read More »
Florida Law Governing Statute of Limitations for Construction Defects
The Florida Legislature passed CS/CS/HB 377 into law on May 4, 2017. The statute is an amendment to a previous law governing the statutes of limitation and repose for claims flowing from the design, planning or construction of an improvement to real property. The previous statute caused much confusion as to when the statute… Read More »
Common Construction Insurance Disputes
Businesses in the construction industry engaged in construction projects are wise to carry construction insurance to protect it as well as their workers from risks. Obtaining construction insurance has become a routine occurrence as part of the construction process. Construction companies do not think twice as it is normal for owners to require it… Read More »
Sweeney Law, P.A. Prevails at Trial in the Defense of Real Estate Professional in Malicious Prosecution Claim
Sweeney Law, P.A. successfully defended a Florida Real Estate Professional at trial in the defense of a malicious prosecution claim. Plaintiff’s action was based upon an alleged improper underlying eviction action against Plaintiff that had been dismissed several months earlier. Significant efforts were made to reach a negotiated resolution for this matter, however, Plaintiff… Read More »
