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Author: Austin B. Calhoun, Esq.

4 Tips for Drafting a Fair and Balanced Subcontractor Agreement

March 14, 2024 Construction Industry Legal Blog

Having a well-drafted subcontractor agreement is crucial for identifying the responsibilities, rights, and expectations of the contractor and a subcontractor when working together to complete a project. Here are four essential tips to consider when drafting your subcontractor agreement: Tip #1: Payment Rights The subcontractor agreement should clearly outline the […]

Contractors Beware: The Importance of Due Diligence in Construction Contracting—A Lien Rights Horror Story

February 8, 2024 Construction Industry Legal Blog

In the world of construction, contracts form the foundation for successful projects, and most contractors understand the importance of negotiating their contract terms. However, many contractors underestimate the importance of due diligence when entering into an agreement.  By “due diligence,” I mean looking outside the language of your contract to […]

“Owner’s Representatives” May Not Be Required to Have a Contractor’s License, if They Follow the Rules

January 10, 2023 Construction Industry Legal Blog

In construction projects, the owner sometimes hires a person or entity to act as the owner’s representative to facilitate the project and act as the point of contact in a representative or agency capacity on the owner’s behalf.  These owner’s representatives may oversee the design and construction work, and deal […]

What Do Contractors Need to Know About Employee Duty of Loyalty and Ability to Compete

January 3, 2023 Construction Industry Legal Blog

We have seen a trend in the construction industry toward contractors requiring their employees to sign non-compete agreements.  It has become fairly common practice.  But what if your employees are not restricted by signed non-compete agreements?  Do you have any rights to stop them from competing or taking your customers […]

Severance Agreements: Tips for Ensuring They Are Enforceable

December 30, 2022 Florida Business Litigation Blog, Professional Services Industry Legal Blog

Severance agreements are common contracts that are entered into between an employer and a departing employee in which the employee receives extra compensation while the employer receives piece of mind from a non-compete, release of potential claims, or other protections that may be negotiated.  However, there are restrictions on severance […]

Contractors Beware: Depositing a Check Titled “Final Payment” May Be an “Accord and Satisfaction” or “Final Release” That Prevents You From Recovering Further Payment

December 22, 2022 Construction Industry Legal Blog

As a general contractor, subcontractor, or supplier, you have likely experienced problems collecting final payment from your customer.  You get to the end of the project, and your customer does not want to pay you the full amount you are owed.  Then you get a check in the mail from […]

What Financial Institutions Should Know about a Tax Levy on a Customers Bank Account

December 15, 2022 Banking & Financial Services Industry Legal Blog

By Austin Calhoun, Esq. and Joseph Luna, Esq. Financial institutions are often required to make tough decisions when they receive the daunting Form 668–A, “Notice of Levy” from the IRS concerning a delinquent taxpayer’s bank account. If the IRS levies a bank account, financial institutions are required to immediately freeze […]

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