Category Archives: Construction Law
WHY YOU SHOULDN’T PREPARE A CONSTRUCTION CLAIM OF LIEN YOURSELF IN FLORIDA
Payment problems are an unfortunate truth in the construction industry, and nearly every contractor or supplier has faced a payment issue in some form or another. Several look to construction liens to protect themselves. And why not? Construction liens are an effective tool to safeguard one’s right to payment. The problem, though, is that… Read More »
Construction Work and Environmental Law Concerns
Individuals in the construction industry have many obligations that is external to the work they are performing. The construction industry must work diligently to minimize the externalities that they pass on to the general public. For example, before starting a project that requires underground digging, a contractor is mandated to perform an investigation to… Read More »
Common Ethical Issues in Construction Law
Construction law like many other areas of law is fraught with tangential issues that can permeate into the substance of construction law issues. Parties engaged in construction contracting are wise to look for and anticipate ethics issues before they become a problem. The common pitfalls are subtle and usually not discoverable unless familiar with… Read More »
Legal Liability for Construction Site Accidents
Construction site accidents are rampant in the construction industry. In addition to its frequency, the politics of liability can turn complex given the many parties involved on a construction site and the legal implications that can arise depending on the standard of care expected from the party. On any traditional, larger-scale construction site, there… Read More »
An Overview of Construction Contract Warranties
Warranties are ubiquitous in all contracts. In short, warranties are promises or assurances regarding the deliverables of the contract. Warranties can come in the form of clear and precise words of assurances listed in the contract terms. These are called express contract term—they are expressly written into the body of the contract. Alternatively, implied… Read More »
New Florida Cell Phone Law: Enforcement Issues and its Effects on Liability Claims on Construction Sites
On July 1st, 2019, a new Florida law went into effect banning the use of handheld devices in construction zones. The device usage law was just one of the many laws that went into effect on that day. With this law, Florida is one of the last few states to prohibit texting while driving. … Read More »
Construction Defects and Florida Statutes Chapter 558
The Florida legislature has found that there are out of court methods that are beneficial to resolving construction defect disputes. These methods increase judicial economy and reduce the amount of defect cases that come through the courts. This administrative means of resolving defect issues also ensures that the process is speedy for the parties… Read More »
Rights & Obligations Under Florida’s Workers’ Compensation Law
Florida’s workers’ compensation law be interpreted to ensure the speedy and efficient delivery of disability and medical benefits to an injured worker and to aid the worker’s return to gainful reemployment at a reasonable cost to the employer. The law governing Florida’s workers’ compensation insurance law is listed under Chapter 440 of the Florida… Read More »
Essential Terms for a Subcontractor Agreement
Prime contractors often cannot carry out their work without the help of other construction companies who have the needed expertise of a project. A prime contractor who does not have the manpower or expertise to install an electrical system in a new building structure will need to hire a subcontractor to fulfill this need…. Read More »
How to Win a Scope of Work Contract Dispute
Given the complex nature of construction contracts, disputes are commonplace in the contractual relationship. One area that is often the basis of dispute is the scope of work provision in the contract. Scope of work describes, with specificity, what is expected from the contractor and it is used as a tool for the construction… Read More »
