Category Archives: Construction Law
Using Verbal Agreements to Modify Written Construction Contracts
As a smart business person, and someone experienced in construction projects, you likely know enough about construction law to figure out that it’s best that your contracts be in writing. That’s not to say that oral agreements are never enforceable–they often are–but because of the complexity and nature of the construction industry, a written… Read More »
Is an Expert Witness Needed to Interpret Building Codes?
In almost every legal field, experts are vital to proving or defending a case. This is also true in construction law, where, as you can imagine, there are often highly technical construction related factual scenarios that a judge or jury must understand. Certainly, the average lay witness would not have enough expertise to testify… Read More »
Special Laws Govern Construction Related Venue Provisions in Contracts
In a business or a construction contract, your agreements may look like they have covered all the bases. But have you thought of where a lawsuit would be filed, if your construction contracts need to be enforced (or where a lawsuit would be filed, if it was filed against you)? This question may be… Read More »
Avoiding Permitting Violations
If you are a contractor, you probably are aware of the permits that you need to obtain and keep current, in order to keep working and practicing in Florida. However, it may be helpful to have a more complete and accurate understanding of what is required of you. The Permitting Requirements Vary The Florida… Read More »
Fraudulent Construction Liens in Florida
According to the National Commercial Real Estate Development Association (NAIOP), Florida ranked 6th in 2019 in commercial construction spending. With the instability that the pandemic has brought in 2020, many projects have been put on hold or have been changed, leaving the parties in payment disputes. What is a Construction Lien? The term mechanic’s… Read More »
What to Do When You Get an OSHA Violation (Before Litigation)
Construction sites often involve accidents, as much as employers try to avoid them, and despite best efforts to keep a construction suite as safe as possible. When any kind of accident happens there can be investigations by the Occupational Safety Hazard Administration (OSHA). If your business or company is subject to an OSHA investigation,… Read More »
How to Handle OSHA Violations After a Complaint is Filed
Recently we wrote about how to handle the initial stages of an OSHA complaint. But assuming you do not want to agree to the violation, pay the fine, and of course fix whatever you were cited with—which may be a viable option, depending on the severity of the violation, and the cost of fighting… Read More »
Florida’s Consultants’ Competitive Negotiation Act
When public entities hire professionals who provide engineering, architecture, surveying, mapping, and landscape architecture, a Florida law known as the Consultants’ Competitive Negotiation Act (CCNA) may come into play. Florida’s CCNA is based on a federal law known as the Brooks Act, which also provides for a specific qualification based selection process that is… Read More »
New Florida Law Contains Provisions for Preserving and Protecting Coastal Regions
Florida’s shoreline regions are among the crown jewels of the Sunshine State. The value of preserving these regions in order to ensure their continuing role in promoting and protecting the public health and welfare of our citizens has been clearly recognized by Florida law. For example, the Coastal Zone Protection Act of 1985 expressly… Read More »
Is Construction an Essential Business in Florida?
As we know, during COVID-19 and before reopening began, businesses that are “non-essential” were forced to close. “Essential” businesses, however, were allowed to continue to operate. Aren’t We Reopening? Why Does This Matter? Whether construction is an essential business might seem unimportant at the moment: after all, most states – including Florida – have… Read More »
