Category Archives: Construction Law
Safety Standards and the Top Three Causes of Death in the Construction Industry
The Occupational Safety and Health Administration (OSHA) creates standards governing the safety and health of construction workers as well as the public. Not only do they regulate the industry, but they also monitor and administer regulations to ensure compliance. Periodically, OSHA releases health and safety guidelines governing broad areas of health and safety standards… Read More »
Third Party Liability for Construction Site Injuries
Construction work is certainly one of the most dangerous jobs around today. With injury as a constant possibility, employers and contractors must ensure that they have protocol and practices in place to lessen the likelihood of injury. Federal laws under the Occupational Safety and Health Administration provide guidelines and regulate safety in the construction… Read More »
Yes, Contractual Interference is a Cause of Action
Tortious interference, also known as intentional interference with contractual relations, is a common law cause of action. Common law causes of action are man-made laws that arise from court decisions. In other words, this cause of action is not statutory. Tortious interference allows claims for damages against defendants who intentionally interfere with the plaintiff’s… Read More »
Safety Standards and the Top Three Causes of Death in the Construction Industry
The Occupational Safety and Health Administration (OSHA) creates standards governing the safety and health of construction workers as well as the public. Not only do they regulate the industry, but they also monitor and administer regulations to ensure compliance. Periodically, OSHA releases health and safety guidelines governing broad areas of health and safety standards… Read More »
Mechanic’s Liens: Creation, Perfection, and Priority
Although it sounds unrelated to the building construction industry, a mechanic’s lien is a powerful tool for building contractors and subs who seek to collect for their completed work. A contractor should consider a mechanic’s lien when the owner of a property or the entity responsible for payment does furnish payment according to a… Read More »
The Legal Mechanics of Quantum Meruit
What is Quantum Meruit? Quantum meruit (Latin for “as much as he has deserved”) is an equitable remedy that provides restitution for unjust enrichment. Unjust enrichment describes the scenario where one’s actions provide a valuable service to another thus requiring compensation even without the existence of a previously formed contract. In other words, a… Read More »
Florida’s Workers’ Compensation Law
Construction work is possibly one of the most dangerous vocations around today. The stakes are always high and injury is always around the corner. Thankfully, Florida has a workers’ compensation mechanism was designed to protect individuals who work around danger conditions. In Florida, most employees are required to provide workers’ compensation insurance to their… Read More »
Before Hiring a Subcontractor
The working relationship between a general and subcontractor can be harmonious and productive. However, often, it is quite the opposite. If there are disagreements, the working relationship can be fraught with tension. The general contract is prudent to thoroughly research the subcontractor; this is especially true where the general contractor is unfamiliar with the… Read More »
Real Estate Development: Consider These Issues
Real estate construction and development, unlike private construction, is a heavily regulated industry. Real estate development companies must adhere to a plethora of laws regulating the construction of the actual building as well as the many possible externalities that may affect communities. Real estate developers should keep informed about certain industry issues when starting… Read More »
Construction Bonds: How to Ensure Performance
In the world of construction contracting, bonds are issued to one party of the contract as guarantee against any non-performance or the party’s inability to meet obligations as set forth in the contract. In other words, the bond is secured to ensure that the contractor completes the obligations stated in the contract. Bonds are… Read More »
