Florida Construction Industry Law Blog


Florida Adopts Daubert as Standard for Admission of Expert Testimony

In 1923, the United States introduced the Frye standard to determine the admissibility of scientific evidence in a court of law.  In Frye v. United States, the Circuit Court of Appeals for the District of Columbia ruled that for the … Read Full Post

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Assignment Of Benefits: New Law Effective July 1, 2019

A sweeping insurance reform bill was signed into law by the Governor on May 23, 2019.  The law creates two entirely new sections in Chapter 627 of the Florida Statutes, which governs Insurance Contracts.  The bill creates Section 627.7152, Florida … Read Full Post

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Florida 2019 Legislative Update For Local Governments: Permit Fee Transparency

Over the past few years each legislative session in Florida seems to generate new laws that impose various requirements on local governments. Some are labeled “unfunded mandates” and others are described as an assault on “home rule”.  But as bad … Read Full Post

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Florida Construction Lien: Final Furnishing – Does It Include Punchlist Or Closeout 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

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How To Calculate Real Estate Valuation Damages In A Construction Defect Action

When determining whether to pursue a construction defect action, few property owners consider the question: “how will my damages be calculated?”. While understandable, failure to properly address this question can prevent owners from recovering the full extent of their damages. … Read Full Post

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Contractor Guide To Effectively Using The Construction Lien Law And Florida Statute 713.05 For Protection And To Allow A Full Recovery

All contractors and subcontractors in the State of Florida should know that a contractor and a subcontractor may each claim a lien for the same work on a particular project.  However, the contractor and the subcontractor cannot both recover for … Read Full Post

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Construction Contracting 101: Florida Requirements For Licensing

This article will discuss when a construction license is required in Florida.  Under Chapter 489, Florida Statutes, there are specific guidelines regarding construction contracting for work you intend to perform.  Being unlicensed and performing construction work that requires licensure can … Read Full Post

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Financially Responsible Officer (FRO): The Responsibilities of Primary Qualifying Agents

Under Chapter 489, Florida Statutes, primary qualifying agents are, typically, considered the main decision maker(s) of the business organization.  As a general rule for construction licensing, increased responsibility leads to increased liability.  Read on to find out what responsibilities primary … Read Full Post

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Where Is The Appropriate Venue To Litigate A 713.24 Transfer Bond?

The appropriate venue for litigating the foreclosure of a construction lien is obvious.  The appropriate venue must be the county in which the property is located.  Clearly, the county in which the property is located must issue the foreclosure judgment … Read Full Post

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Disputes Regarding Interpretation Of The Florida Building Code By Building Officials, The Florida Building Commission And Contractors

Have a dispute regarding an interpretation of the Florida Building Code (the “Code”)?  Building officials in the State of Florida are given a lot of leeway in enforcing and interpreting the Code; however, there are mechanisms to keep them in … Read Full Post

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