Author Archives: Austin B. Calhoun, Esq.
Florida Construction Liens: First Furnishing. What does it mean?
The Florida Construction Lien Law can be a contractor’s best tool for getting paid in full. While the Lien Law ultimately helps ensure full payment for contractors, it is not always clear regarding the procedural requirements for perfecting lien rights. … Read Full Post
Florida Business Break-up 101: Issues, Mechanisms, Planning, Forcing, Defending and Valuation
A Florida business break-up can be messy. However, it doesn’t have to be that way. Instead, owners of a business who plan ahead with consideration of potential future challenges can help ensure an amicable break-up, free of drama or difficulty. … Read Full Post
Deciding Whether To Sue For Injunction, And What Is The Process To Obtain Injunctive Relief
Suing for an injunction in Florida is all about preserving the status quo. Therefore, it’s important to not consider it a tool for righting a wrong. Rather, it’s about dealing with the future, not something that happened in the past. … Read Full Post
Construction Delays: What They Are, Why It Matters & How To Measure Them
Construction delays are incredibly costly for contractors and owners. Therefore, the best approach is planning ahead so you can avoid them, then being prepared to effectively manage them if they occur. In this video presentation recorded by Jimerson Birr attorney … Read Full Post
Florida Construction Liens: Final Furnishing – Does It Include Change Order Work?
This blog is part of a series covering a critical component of a Florida construction lien—recording the claim of lien within 90 days’ of “final furnishing.” Failing to record a claim of lien within the 90-day final-furnishing deadline renders the … Read Full Post
Florida Construction Liens: Final Furnishing – What Does It Mean?
The Florida Construction Lien Law can be a contractor’s best tool for getting paid in full. The rub with the Lien Law is knowing how to use it properly. If not used properly, this tool will fail completely. One common misuse … Read Full Post
Heads Up Contractors—“Living Wage” Ordinances Recently Enacted by some Florida Municipalities
A few Florida municipalities recently enacted so-called “Living Wage” ordinances. For instance, such ordinances have been adopted by Broward and Alachua counties, and the cities of Miami, West Palm Beach, and St. Petersburg. In sum, these ordinances require certain contractors … Read Full Post
Material Supplier Construction Lien Rights: Lien Releases
There are a few things a supplier can do to ensure they get paid on a construction project. One of the most important steps a supplier should take is preserve its lien rights under Florida’s Construction Lien Law, Section 713.001-.37, Florida Statutes. A critical component of that process is the “lien release.” Read Full Post
Implied Warranty of Building in Accordance with Permitted Plans and Specifications
In Florida, contractors have an implied duty to build in accordance with the plans and specifications filed with the local building authority—the permit set. If a contractor deviates from the permit set of plan and specs, the contractor may be liable to any party damaged by the deviation. Read Full Post
Construction Defect Statute of Repose: Post-Closing Punch-list Work May Delay Its Start
Florida’s Fifth District Court of Appeals is shaking up the construction defect statute of repose once again.[1] A recent 5th DCA opinion implies that the 10-year construction defect statute of repose does not start to run at the closing of a purchase of a newly-constructed home if there remains punch-list work to complete after closing. Read Full Post