Construction worksites are frequently dangerous, and nobody wants to be on the hook for a subcontractor’s unsafe practices. It is increasingly common for construction contracts to require subcontractors to name general contractors as additional insureds in their insurance policies. The purpose of these additional insured provisions is to allocate the […]
Many Florida contractors and license holders have a general understanding of the requirements of Chapter 489, however there are some requirements that seem to be neglected. All too often, a contractor will “lose” or “destroy” project records prematurely. This can actually make it more difficult to defend against a claim […]
The last place land owners who have hired contractors want to end up is in court. Fortunately, most construction projects do not result in litigation. However, for the ones that do, it can be a costly and stressful ordeal. What follows are ten points that all Florida land owners should […]
When contractors and other persons are not paid for their work on a private construction project in Florida, they may resort to recording a construction claim of lien on that property. That construction lien will serve as an encumbrance on the property, like a mortgage, until it is resolved or […]
Part III of this series will discuss being disciplined by a local municipality and how this can affect a certified contractor’s license. It is common knowledge within the construction industry that local building departments require certified contractors to obtain an occupational license. The governing authority regarding this issue is § […]
There are a few things a supplier can do to ensure they get paid on a construction project. One of the most important steps a supplier should take is preserve its lien rights under Florida’s Construction Lien Law, Section 713.001-.37, Florida Statutes. A critical component of that process is the “lien release.”
In Florida, contractors have an implied duty to build in accordance with the plans and specifications filed with the local building authority—the permit set. If a contractor deviates from the permit set of plan and specs, the contractor may be liable to any party damaged by the deviation.
Prescribed burning can present complex legal issues touching on property rights, safety concerns, public health, negligence and regulatory hurdles.
Occasionally when you are driving in Florida, you can see a large earthen creation that does not look like it belongs in our state. Trash mounds stick out in Florida. In fact, some of them are given names like Mount Trashmore. Mount Trashmore has even made the List of Florida’s […]
Part II of this series will discuss civil judgments and how they can affect a certified contractor’s license. The governing authority the Department of Business and Professional Regulation (“DBPR”) cites to when prosecuting civil judgment violations is section 489.129(1)(q), Florida Statutes. This section allows for disciplinary action to be taken […]