Author Archives: Jay Butchko
4 ESSENTIAL STEPS IN ASSERTING LIEN RIGHTS IN FLORIDA
This article examines the four essential steps that must be undertaken by a lienor on a private non-bonded job in order to protect their lien rights in Florida. Section 713.37, Fla. Stat., provides that the Florida construction lien law statute shall not be subject to any rules of liberal interpretation in favor of the… Read More »
PACE LOANS IN FLORIDA: THE EVIL IS ALWAYS IN THE DETAILS
PACE loans are increasing substantially throughout Florida. What are PACE loans? PACE loans are property assessed clean energy (PACE) programs that allow a property owner to finance energy efficient or wind resistance improvements through a non-ad valorem assessment repaid through the annual tax bill. Section 163.08, Fla. Stat., provides that improvements can include energy… Read More »
A Look at Florida’s Construction Defects Statute
Construction Defects Happen Construction defects are germane to the building industry. Defects can arise from bad workmanship, manufacturer defects within the components or they can even arise from the builder choosing incompatible parts. Due to the specialized nature of construction work, what seems like a minor detail can grow to have a huge impact… Read More »
The Severe Penalties for Unlicensed Contracting in Florida
Driving around south Florida, one will undoubtedly see a vast array of construction projects. From new single family home divisions to the cranes hovering over downtown Miami and Fort Lauderdale. With this significant increase in building, unlicensed contracting continues to be a problem in Florida. Chapter 489, Florida Statutes, regulates the “construction industry” in… Read More »
What to Do When a Lien is Recorded Upon Your Property
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 »
OSHA Regulations Governing Construction Sites
The Occupational Safety and Health Administration (OSHA) is a government agency of the U.S. Department of Labor. OSHA passes health and safety regulations that govern the workplace and it ensures state adherence on the local level. In addition, OSHA has a compliance division that audits and investigates employers for possible non-compliance. In the construction… Read More »
Guarding Florida Landlords from Contractor Liens: The Benefits of § 713.10, Florida Statutes
In most commercial leases, the tenant will need to undertake and make certain improvements to the leased premises. In some instances, the commercial space will be raw and will require a complete build-out, in others the tenant may only need to make minor improvements to the leased premises to fit for its intended use…. Read More »
Obtaining Federal and State Property Recovery Funds After Hurricane Irma
Rebuilding After Hurricane Irma It is without question that Florida was one of the hardest hit states during the recent hurricane season. Hurricane Irma, a category four hurricane landed on the coast of Florida on September 10, 2017. It wreaked havoc in southern Florida leaving areas of the Keys, Miami, and Jacksonville in ruins…. Read More »
The Florida Land Trust: Owning, Managing, and Transferring Real Property in Complete Anonymity
Imagine being able to have all of your Florida real estate ownership/interests private from the general public. Imagine that any potential judgment creditors were unable to attach to any of your real estate interests. Imagine that in order to convey your real estate interests that you no longer had to go along with the… Read More »
Do You Understand the Termination Provisions in Your Construction Contract?
There are boilerplate termination clauses that are commonplace in construction contracts permitting the property owner or the contractor to get out of an agreement based on a limited set of circumstances. Knowing the mechanics of how each type of termination provision works will aide parties if termination must occur. For Cause, For Convenience, and… Read More »
