Recent Blog Posts
Time of the Essence Clauses in Construction Contracts
In almost every kind of contract nowadays, you see a time is of the essence (TIOE) clause. But in a construction law contract there can be loads of time periods, for all kinds of milestones. Is one general TIOE clause enough to protect parties? What is a Time is of the Essence Clause? A… Read More »
Considerations for Prefabrication Contracts
In most construction contracts, the parties are negotiating terms about construction that will happen at or on the construction site. But in many cases, construction of elements or parts of the project happen off site, and then are transported onsite. This is called prefabrication, and parties should be aware of issues that can come… Read More »
Mistake? Just Change the Contract! Maybe…
Often, the things that make sense in our heads, or things that we think, don’t make it onto paper the way we intended. Or, sometimes the world just isn’t what we thought it was. Mistakes happen, we’re all human and the world changes without notice. But what happens when you make a mistake about… Read More »
Avoid Running Into Licensing Problems
If you are a contractor, you need a license from the State of Florida. Most people in the construction industry are aware of this. But what happens if you are performing work where you are supposed to be licensed, but you are not licensed? Consequences of Unlicensed Work The most immediate consequence is that… Read More »
SIGNIFICANT FLORIDA SECOND MORTGAGE DECISION
On a re-hearing, the Third District re-affirmed that the primary person on an obligation, who is also the one that pays the obligation, is not entitled to subrogation against third parties. In other words, a primary person or entity is not permitted to pay off a second mortgage, have the mortgage assigned to it… Read More »
Common Building Code Violations
We all know that there are building codes which must be complied with in Florida. The Legislature has determined that contractors are accountable to the state and to the public, when there are building code violations. But what kind of violations are the most common? Building Code Violations Of course, cities and local jurisdictions… Read More »
Does Fla. Stat. § 713.345, Misapplication of Construction Funds Create Civil Liability under Florida Law?
As you may know Fla stat. § 772.11 (“Civil Theft Statute”), in many cases, can create a private cause of action where the root offense was a criminal violation relating to theft or exploitation. Further, this statute also provides treble damages, which can result in serious consequences for those who are found to be in… Read More »
Pay-When-Paid and Pay-If-Paid Clauses in Construction Contracts
If you are a general contractor, or any kind of construction company that has or utilizes subcontractors, you probably (hopefully) have every intention of paying your subcontractors and those who otherwise perform jobs for you on the job site. Except, sometimes you end up with a problem, such as a client or owner who… Read More »
AIRBNB and Palm Beach Tax Collector End Six-Year Battle
A six-year long lawsuit came to a conclusion on Monday, October 19, 2020, when the Florida Supreme Court declined an appeal by Palm Beach County Tax Collector Anne Gannon in favor of Airbnb, Tripadvisor and HomeAway (“Airbnb”). In June 2019, Palm Beach County commissioners approved the requirement of the collection and taxes of Airbnb… Read More »
What Does it Mean to Do Construction in a Good and Workmanlike Manner?
In almost every construction contract, there is the promise or guarantee that the work will be performed in a workmanlike manner. Even if this explicit provision is not in your contract (as it should be), there is almost always a general duty to perform contracts for construction work in a good and workmanlike manner…. Read More »
