Category Archives: Construction Law
Comparative Fault in Construction Law Cases – Who is Liable?
Comparative fault is the idea that more than one person can be liable for an injury or a breach of some kind of duty. Just think of a car accident—if you run into someone, the person you ran into may have done something to contribute to the accident. If someone falls in your store,… Read More »
What is a Home Warranty?
A home warranty plan is a plan that protects your home and your property from breakdowns, failures or defects that are made by, or passed on from, the builder. The breakdowns can be structural, such as those that go to the construction of the building, but can also warranty property in the home, such… Read More »
Workers’ Compensation Requirements for Construction Companies
If you are in the construction industry, workers’ compensation is a necessity. It’s not only a necessity, it’s a requirement—in fact, Florida law places a higher burden on construction companies than it does on non-construction companies to provide workers’ compensation insurance. Workers’ Compensation Requirements Normally, a business that has more than four employees working… Read More »
Time of the Essence Clauses in Construction Contracts
In almost every kind of contract nowadays, you see a time is of the essence (TIOE) clause. But in a construction law contract there can be loads of time periods, for all kinds of milestones. Is one general TIOE clause enough to protect parties? What is a Time is of the Essence Clause? A… Read More »
Considerations for Prefabrication Contracts
In most construction contracts, the parties are negotiating terms about construction that will happen at or on the construction site. But in many cases, construction of elements or parts of the project happen off site, and then are transported onsite. This is called prefabrication, and parties should be aware of issues that can come… Read More »
Mistake? Just Change the Contract! Maybe…
Often, the things that make sense in our heads, or things that we think, don’t make it onto paper the way we intended. Or, sometimes the world just isn’t what we thought it was. Mistakes happen, we’re all human and the world changes without notice. But what happens when you make a mistake about… Read More »
Avoid Running Into Licensing Problems
If you are a contractor, you need a license from the State of Florida. Most people in the construction industry are aware of this. But what happens if you are performing work where you are supposed to be licensed, but you are not licensed? Consequences of Unlicensed Work The most immediate consequence is that… Read More »
Common Building Code Violations
We all know that there are building codes which must be complied with in Florida. The Legislature has determined that contractors are accountable to the state and to the public, when there are building code violations. But what kind of violations are the most common? Building Code Violations Of course, cities and local jurisdictions… Read More »
Does Fla. Stat. § 713.345, Misapplication of Construction Funds Create Civil Liability under Florida Law?
As you may know Fla stat. § 772.11 (“Civil Theft Statute”), in many cases, can create a private cause of action where the root offense was a criminal violation relating to theft or exploitation. Further, this statute also provides treble damages, which can result in serious consequences for those who are found to be in… Read More »
Pay-When-Paid and Pay-If-Paid Clauses in Construction Contracts
If you are a general contractor, or any kind of construction company that has or utilizes subcontractors, you probably (hopefully) have every intention of paying your subcontractors and those who otherwise perform jobs for you on the job site. Except, sometimes you end up with a problem, such as a client or owner who… Read More »
