Florida Construction Industry Law Blog


Florida’s Consumer Collection Practices Act (FCCPA) Part 2: Implementing Safeguards and Internal Procedures to Establish a Bona Fide Error Defense to Violations of the FCCPA

Part 1 of this series provided an overview of Florida’s Consumer Collections Practices Act (FCCPA) and explained why it is imperative for all business owners to be aware of, and understand, the FCCPA.  This article explores Section 559.77’s bona fide … Read Full Post

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Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA

All businesses in the state of Florida need to be familiar with Florida’s Consumer Collection Practices Act (“FCCPA”).  The FCCPA is found at Sections 559.55-559.785 of the Florida Statutes.  The FCCPA is intended to protect consumers and is intentionally unfair … Read Full Post

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Five Key Tips for Construction Delay Claim Success

Delays are sometimes unavoidable on construction projects. When delays occur, they can often result in increased costs to contractors and subcontractors, and may bring exposure to owner claims for liquidated damages for delay.   Certain types of delays, such as those … Read Full Post

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Workforce Guidance for Construction Companies Returning to Full Operations

Many Florida construction companies have spent the past month in varying states of partial operation due to the Governor’s stay-at-home order related to the COVID-19 pandemic. Although restraints are now starting to be lifted, that does not mean things will … Read Full Post

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Does an Insurer Have a Duty to Defend a Claim Immediately Upon Receipt of a Florida Chapter 558 Construction Defect Notice?

Construction projects are fragile and issues often arise when the project in practice doesn’t match the project in planning. Resolving these issues has become more standardized with the enactment of Florida Statutes Chapter 558, but the chapter may create as … Read Full Post

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Conditional Payment Bonds: Owners and Contractors Beware

Whether you are an owner, contractor, subcontractor, or supplier, payment problems on a construction project can have dire consequences.  To better protect against those payment problems, and depending on the type of construction project, Florida law gives certain persons the … Read Full Post

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Five Key Changes in the 2017 AIA A201 General Conditions for Construction Contracts

The standard form contract documents developed and published by the American Institute of Architects (“AIA”) are a fundamental part of the construction industry landscape that have been widely used for more than a century.  Importantly, in 2017, the AIA Documents … Read Full Post

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Employer Guidance On How To Manage The Workforce While Fighting The Coronavirus

On Wednesday, March 11, 2020, the World Health Organization officially designated the Coronavirus (“COVID-19”) as a global pandemic. As our government seeks to limit the spread of COVID-19 in the United States, employers are asking what they can and should … Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog, Florida Construction Industry Law Blog

Construction Project Notice and Documentation: The Sword and the Shield

Almost every construction contract or subcontract contains provisions regarding the manner in which notice must be provided to the other party under the contract regarding significant issues on the construction project, including delays, unforeseen conditions, or other claims.  Compliance with … Read Full Post

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Do Construction Contract Contingent Payment Clauses Mean What They Say? A guide for contractors and subcontractors.

Assume you are a subcontractor working on a project to build a large multi-family apartment complex.  You’ve timely and properly performed your work and have submitted monthly pay applications that have been accepted by the contractor and the owner.  However, … Read Full Post

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