Author Archives: Jay Butchko
Before Hiring a Subcontractor
The working relationship between a general and subcontractor can be harmonious and productive. However, often, it is quite the opposite. If there are disagreements, the working relationship can be fraught with tension. The general contract is prudent to thoroughly research the subcontractor; this is especially true where the general contractor is unfamiliar with the… Read More »
Real Estate Development: Consider These Issues
Real estate construction and development, unlike private construction, is a heavily regulated industry. Real estate development companies must adhere to a plethora of laws regulating the construction of the actual building as well as the many possible externalities that may affect communities. Real estate developers should keep informed about certain industry issues when starting… Read More »
Construction Bonds: How to Ensure Performance
In the world of construction contracting, bonds are issued to one party of the contract as guarantee against any non-performance or the party’s inability to meet obligations as set forth in the contract. In other words, the bond is secured to ensure that the contractor completes the obligations stated in the contract. Bonds are… Read More »
Choosing the Proper Entity Structure for Your Business
When it comes to choosing the right entity structure for a business, owners must consider a number of factors to arrive at the decision. Factors such as organizational structure, legal liability to third parties, and tax implications must match up with the goals of the owners and their business priorities. Below are some of… Read More »
Common Disputes Over Construction Plans and Designs
Disputes over construction specifications and designs encompass a large part of construction litigation. When it comes to these delicate aspects of a construction project, one must exercise the utmost clarity and diligence. Communication with general contractors and subcontractors must be comprehensible to ensure a seamless and timely process. Even with much diligence and clarity,… Read More »
Notice of Commencement: The Time Machine that Allows Lienors to Have Their Liens Relate Back to a Prior Time
Florida’s Notice of Commencement is a critical document that governs and controls the priority of lien rights on private construction projects. One of my favorite trilogy films of all time is Back to the Future, my inner child is still hopeful that a time machine will one day be created. What is so amazing… Read More »
Contracting on Subrogation Issues
Subrogation (Generally) Subrogation is the concept of taking on the legal rights of another party. It is often a concept present in insurance claims and creditor issues. Subrogation frequently occurs in the realm of litigation when one party takes another’s right to bring suit. For example, subrogation can occur when an insurance company pays… Read More »
Construction Delays and Your Contracting Options
When it comes to construction projects, delays are one of the most common sources of disputes between property owners and contractors. A construction delay is a foreseen or unforeseen stall in starting all or part of a construction project. A delay is of little or no consequence to the construction project or it is… Read More »
The Cousin Eddie Syndrome: Successfully Removing Persons from Your Florida Property
We have all seen the famous National Lampoons Vacation movie with Cousin Eddie, he is a person that will do anything to get a free ride. He is the type of person that nobody wants in their house at all, or if he is a guest, he can only be a guest for a… Read More »
So You Bought a Lemon
What is a Lemon? A lemon is a new vehicle that possesses manufacturing defects. The defects are usually found to affect the value, safety and purpose of the vehicle. As such, a vehicle that possesses irredeemable issues with one or various parts qualifies as a lemon. Realistically, more than 1% of vehicles sold yearly… Read More »
