Author Archives: Jay Butchko
Mechanic’s Liens: Creation, Perfection, and Priority
Although it sounds unrelated to the building construction industry, a mechanic’s lien is a powerful tool for building contractors and subs who seek to collect for their completed work. A contractor should consider a mechanic’s lien when the owner of a property or the entity responsible for payment does furnish payment according to a… Read More »
The Legal Mechanics of Quantum Meruit
What is Quantum Meruit? Quantum meruit (Latin for “as much as he has deserved”) is an equitable remedy that provides restitution for unjust enrichment. Unjust enrichment describes the scenario where one’s actions provide a valuable service to another thus requiring compensation even without the existence of a previously formed contract. In other words, a… Read More »
Breach of Contract Issues in Commercial Transactions
Forms of Breach Breach of contract is a violation of the contractual obligation. There are varying forms of breach of contract including the repudiation of a promise to perform, failing to perform the promise or interfering with another party’s performance. Proving breach of contract in commercial transactions can be a case of “he said-she… Read More »
Florida’s Workers’ Compensation Law
Construction work is possibly one of the most dangerous vocations around today. The stakes are always high and injury is always around the corner. Thankfully, Florida has a workers’ compensation mechanism was designed to protect individuals who work around danger conditions. In Florida, most employees are required to provide workers’ compensation insurance to their… Read More »
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 »
