Though many construction professionals are generally familiar with Florida’s lien law, there is a little-known and little-used provision within the lien statutes that can prove to be a game-changer for subcontractors (or sub-subcontractors) when used correctly and in the proper factual circumstances.
Florida Construction Lien law is designed to protect laborers and materialmen with the greatest protection that justice and equity afford. Tuttle/White Constructors, Inc. v. Hughes Supply, Inc. But just how should materialmen/ material suppliers (a “supplier”) go about protecting themselves under the Florida lien and bond law to better ensure payment? While the supplier certainly has payment rights under its contract for the materials, it is always better to have additional mechanisms to get paid. The focus of this post is to discuss ways in which a supplier can better protect its rights under the Florida Construction Lien Law (“Lien Law”).
What to Do if You Face the Threat of Sanctions Jeb Hensarling, chairman of the House Financial Services Committee, amusingly described the CFPB as the “single most powerful and least accountable federal agency in all of Washington.” The broad power and authority of the CFPB places the agency in a […]
A payment bond provided by the general contractor is a valuable asset to any subcontractor or supplier on that project. Payment is assured by the bond—a subcontractor or supplier will get paid even if the general contractor doesn’t make payment. While there are certain hurdles to perfecting your bond rights that get a lot of attention, such as the Notice to Owner Requirement, there is one possibly critical question that has been largely ignored: What is the effective duration of the payment bond? In other words, does the work have to be provided during a certain time period in order for payment to be covered by the bond?