Florida Construction Industry Law Blog


Five Key Construction Contract Provisions For Contractors And Subcontractors

The importance of the terms of a construction contract in the event of a significant dispute on a construction project cannot be overstated.  Simply put, the terms of the contract can be the difference between successfully navigating a dispute in … Read Full Post

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Construction Disputes: Beware of Contractual Damages Provisions

Under Florida law, when a party violates or “breaches” a contract, the amount of money the non-breaching party is entitled to recover depends on the types of damages allowed by law and/or the parties’ contract. As a result, it is … Read Full Post

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What Roofers Need to Know About the New Assignment of Benefits Legislation

In the past, when a homeowner needed certain roof repairs, that homeowner could not only look to a roofer to fix his or her roof, but potentially to an insurance company to pay that roofer for those repairs. This relationship … Read Full Post

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The Top Five Do’s And Don’ts Of A Subcontractor Pass Through Claim

An all too common situation on construction projects involves subcontractor claims for additional costs caused by the owner.  These can often involve differing site conditions claims, claims related to design errors or omissions by the owner’s design professionals, or owner-caused … Read Full Post

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Roofing 101: Common Legal Issues and Concerns

Under Florida law, a roofer must have a license to perform work in Florida. Roofers (or “roofing contractors”) are classified as Division II Contractors under section 489.105(3), Florida Statutes. Roofing contractors must hold one of two distinct types of licenses. … Read Full Post

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The Public Procurement And Bidding Process In Florida

For many companies, the award of a single public contract can help cement long-lasting relationships that may result in years of continuing business.  Therefore, it is important for companies of all sizes to know and understand the requirements and bidding … Read Full Post

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Changes are Coming – What You Need To Know To Meet Florida’s New Private Project Payment Bond Claim Requirements

All Florida construction industry participants need to be aware of the significant new changes to the payment bond claim requirements on private projects under section 713.23, Florida Statutes, made by the 2019 Florida Legislature in House Bill 1247.[1]  These changes … Read Full Post

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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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