Category Archives: Construction Law
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 »
Common Disputes Over Construction Plans and Designs
Disputes over construction specifications and designs encompass a large part of construction litigation. When it comes to these delicate aspects of a construction project, one must exercise the utmost clarity and diligence. Communication with general contractors and subcontractors must be comprehensible to ensure a seamless and timely process. Even with much diligence and clarity,… Read More »
Notice of Commencement: The Time Machine that Allows Lienors to Have Their Liens Relate Back to a Prior Time
Florida’s Notice of Commencement is a critical document that governs and controls the priority of lien rights on private construction projects. One of my favorite trilogy films of all time is Back to the Future, my inner child is still hopeful that a time machine will one day be created. What is so amazing… Read More »
Contracting on Subrogation Issues
Subrogation (Generally) Subrogation is the concept of taking on the legal rights of another party. It is often a concept present in insurance claims and creditor issues. Subrogation frequently occurs in the realm of litigation when one party takes another’s right to bring suit. For example, subrogation can occur when an insurance company pays… Read More »
Construction Delays and Your Contracting Options
When it comes to construction projects, delays are one of the most common sources of disputes between property owners and contractors. A construction delay is a foreseen or unforeseen stall in starting all or part of a construction project. A delay is of little or no consequence to the construction project or it is… Read More »
4 ESSENTIAL STEPS IN ASSERTING LIEN RIGHTS IN FLORIDA
This article examines the four essential steps that must be undertaken by a lienor on a private non-bonded job in order to protect their lien rights in Florida. Section 713.37, Fla. Stat., provides that the Florida construction lien law statute shall not be subject to any rules of liberal interpretation in favor of the… Read More »
PACE LOANS IN FLORIDA: THE EVIL IS ALWAYS IN THE DETAILS
PACE loans are increasing substantially throughout Florida. What are PACE loans? PACE loans are property assessed clean energy (PACE) programs that allow a property owner to finance energy efficient or wind resistance improvements through a non-ad valorem assessment repaid through the annual tax bill. Section 163.08, Fla. Stat., provides that improvements can include energy… Read More »
A Look at Florida’s Construction Defects Statute
Construction Defects Happen Construction defects are germane to the building industry. Defects can arise from bad workmanship, manufacturer defects within the components or they can even arise from the builder choosing incompatible parts. Due to the specialized nature of construction work, what seems like a minor detail can grow to have a huge impact… Read More »
The Severe Penalties for Unlicensed Contracting in Florida
Driving around south Florida, one will undoubtedly see a vast array of construction projects. From new single family home divisions to the cranes hovering over downtown Miami and Fort Lauderdale. With this significant increase in building, unlicensed contracting continues to be a problem in Florida. Chapter 489, Florida Statutes, regulates the “construction industry” in… Read More »
What to Do When a Lien is Recorded Upon Your Property
Assume for a moment that you are the owner of a residence that recently had some renovations completed and one day you discover that a lien has been recorded upon your property. Or, alternatively, you are a general contractor and are required to indemnify the owner for any construction liens recorded against the project,… Read More »
