Recent Blog Posts
Construction Related Falls Increase in Recent Years
In 2017, NBC News reported nearly 900 fatal job-related falls. In August 2018, a man slipped and fell two stories in south Florida, landing on rock below a building. He lost his life about an hour after the incident. According to a sheriff’s report, the man had unclipped his safety harness shortly before the… Read More »
ATTORNEY’S FEES & CONTINGENCY FEE MULTIPLIERS IN FLORIDA
One of the most critical factors in engaging in litigation in Florida is whether or not the prevailing party is entitled to attorney’s fees. Prevailing party attorney’s fees will allow the prevailing party to be reimbursed for their fees in prosecuting/defending claims. Generally, in order to be entitled to prevailing party attorney’s fees in… Read More »
LIQUIDATED DAMAGES IN FLORIDA
Parties that enter into contracts need to be able to rely upon the other party and ensure that they are going to live up to their end of the bargain. If a party does not fulfill their contractual obligations it will likely have a detrimental impact on the other party. In many cases the… Read More »
Defending Unfair and Deceptive Trade Practices Claims
Business owners have a duty to run their operation with fairness and honesty. This means that the business delivers what it promises and acts in the interest of their customers and patrons. Businesses who run afoul of this are subject to claims and lawsuits from the people they serve. They also subject themselves to… Read More »
The “Good Workmanship” Standard
In the construction industry, there are set standards of quality that must be met when a structure is being built or a system is being designed. Without these standards of quality, the work performed will vastly vary in quality from one construction project to the next. The standards also ensure that safety and public… Read More »
TERMINATION FOR CONVENIENCE IN FLORIDA CONSTRUCTION PROJECTS
Below is a general scenario/discussion that happens way too often in construction projects throughout Florida: Owner to Contractor: You are fired, you no longer can work on this project at all. Pickup all of your equipment and leave ASAP. Contractor to Owner: You can’t do this to me, I have an agreement with you,… Read More »
LEGAL CONSIDERATIONS FOR FLORIDA SHORT-TERM VACATION RENTALS
The demand for Florida real estate will probably never cease, as long as there is sunshine, sand, water, and theme parks, individuals from all over the world will be coming to Florida on a vacation/holiday basis. With the advent of websites like vacation by owner, AirBnB, and companies that specialize in managing short-term vacation… Read More »
Three Instances in a Construction Project Where Legal Input is Invaluable
Seasoned general contractors who often run construction projects can become desensitized to the legalities of the construction process. Much of construction is legal given the costliness, time investment, and permanence of the business. The end user is always a human being whose safety and health should be ensured. The legalistic nature of construction projects… Read More »
OSHP: Ensuring Worker Safety on Florida’s Construction Sites
General contractors in Florida are required to follow two regulating bodies when it comes to workplace health and safety standards. The Occupational Health and Safety Administration, also known as OSHA, is the federal regulating body that sets standards and ensures that employers are protecting their employees (i.e., construction workers) from workplace hazards. However, state-based… Read More »
Avoid These Mistakes When Filing a Mechanic’s Lien
Florida law permits general contractors, laborers, subcontractors, and suppliers to claim interest in a property they have worked on, but have failed to receive due payment. A mechanic lien places a security interest on the property for the payment owed. That interest may be acquired to recuperate the payment for the work performed or… Read More »
