A differing site condition in the construction industry refers to a situation on a construction project where there is an unexpected or unknown physical condition at the construction site that differs materially from either the conditions as indicated in the contract documents, or from the conditions reasonably discoverable prior to […]
Many homeowners in Florida are no stranger to experiencing damage to their roof during hurricane season. Before May 26, 2022, the rule in Florida was that, if more than 25% of a roof needed to be repaired or replaced, then the entire roof system was required to be replaced to […]
Material suppliers in the construction industry will often need to extend credit to their contractor and subcontractor customers due to the payment cycle on construction projects that can often run 30 days, 60 days or even longer. Due to this, suppliers of construction materials will often need to enter into […]
A recent opinion by a Florida appellate court, Construction Consulting, Inc. v. District Board of Trustees of Broward College [1], is a cautionary tale for contractors. It highlights that construction contractors need to be vigilant regarding the terms of their contract related to final payment and any conditions put on […]
The reservation of mineral rights on real property throughout Florida is not uncommon. When the State of Florida first conveyed title to state owned lands, it was customary for the state to reserve an interest in all oil, gas and minerals on the property. This included the right to drill, […]
Land use and zoning lawyers commonly with real estate investors, developers, and homebuyers who purchase real estate looking to either add on to the existing structural improvements on the property or redesign the use of the property, tear down the existing structure, and build brand new. It is natural to […]
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 […]
The construction industry has long utilized employee leasing companies to staff their projects. While leasing employees solves a lot of problems for contractors, there remain issues that contractors need to be concerned about. One such issue is the potential of being liable for the labor burden, including workers compensation, because […]
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 […]
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 […]