Contracts are an integral part of business transactions. Indeed, businesses and their lawyers spend many hours preparing and negotiating contracts covering myriad issues. Regardless of the type of business contract, it is imperative that parties clearly and succinctly state how and where any contractual disputes get resolved. Oftentimes, contracts contain […]
Construction projects typically involve many parties, from design professionals to contractors, to subcontractors, to suppliers. When a project goes south and there are problems, some or all of those parties may be responsible. In some cases, when there is a problem on a construction project, an owner may sue a […]
Many new home purchases in Florida include some sort of home warranty agreement. Home warranties in Florida are governed by Chapter 634 of the Florida Statutes. As is usually the case, the “devil is in the details” in terms of what that home warranty does and does not cover. Indeed, […]
Florida homeowner and condominium associations’ governing documents (declaration, bylaws and articles of association) are critical for maintaining order and enforcing rules and regulations. These governing documents are recorded in the public records of the county where the association community resides. The purpose of recording these documents is to provide notice […]
In Florida, an insurance company may have a duty to defend and/or indemnify its insured. The insurance company’s duty to defend its insured (as in defending the insured in a lawsuit) is broader than its duty to indemnify (as in paying for damages caused by the insured). The duty to defend is separate and apart from the duty to indemnify.
Under Florida law, individual design professionals can be held liable for professional negligence, even if they did not personally contract for the professional services. Moransais v. Heathman. Moreover, Florida’s statutes governing engineering, architecture and geology make clear that individual design professionals are not automatically absolved of liability simply because they are not parties to a contract.
Florida construction lien law allows certain parties who perform construction work to record construction liens if they are not paid. A construction lien is proper when a lienor has not been paid for labor, services, materials or other items furnished in connection with a construction project. Sometimes, however, when a construction lien is recorded, an owner or contractor, subcontractor or sub-subcontractor may argue the construction lien is fraudulent. A party that records a fraudulent lien can be subject to punitive damages, attorneys’ fees, and felony charges.
Roadwork and other governmental projects are prevalent in Florida and often require the government to acquire private property. Both the Florida Constitution and the United States Constitution provide that no private property shall be taken for a public purpose without full compensation. A land owner’s constitutional right to full compensation for property taken by the government includes the ability to recover reasonable attorneys’ fees in the process. JEA v. Williams. The ability to recover attorneys’ fees, even in pre-suit negotiations, is an important consideration for owners when dealing with a government entity seeking to acquire the owner’s real property.
Business owners must determine the type of workers they will utilize to operate successfully. In some cases, owners think they are hiring independent contractors but, in reality, those workers may actually be employees. Failure to properly classify workers can result in fines, penalties, and payment of back taxes, so it is important that business owners understand the legal distinctions between an independent contractor and an employee.
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”).