The second installment in a five part series entitled “Top 5 Construction Mediation Tips and Techniques.” The Blog posts from this series are intended to be cumulative and should be reviewed as a whole in order to fully receive the message of the author. This post will focus on the importance of knowing your case and that of your adversaries.
Any significant piece of construction litigation will at some point be mediated in advance of trial. Florida Statute 44.102 provides for a court-ordered mediation and sets forth the main reasons why a construction mediation case should be mediated, both from the party’s perspective and the court’s perspective. Namely, mediation offers an opportunity for a third party neutral to encourage and facilitate the resolution of the dispute amongst the parties. The parties in large construction defect or contract litigation cases often become so embroiled in the daily minutia of winning small discovery or motion practice battles that the opportunity to share a complete overview of their triable case with an independent third party construction mediator and all of the parties involved in the matter will serve as a chance to refocus the case on the major issues and monetize those issues to refined damage calculations in preparation for trial.
In Florida, contracts for residential construction must include certain provisions required by statute. This article identifies and examines these mandatory provisions. A prudent residential contractor needs to be aware of these requirements of Florida Statute and include all applicable provisions in his or her contracts.
Chapter 489, Florida Statutes, regulates the “construction industry” in Florida “in the interest of the public health, safety, and welfare.” § 489.101, Fla. Stat.. The statute addressing the enforceability of a construction contract with an unlicensed contractor provides in pertinent part: “As a matter of public policy, contracts entered into […]
By: Austin B. Calhoun J.D. 2013
In Jacksonville, Florida, do you have the right to cut down trees on your own property at will? You might be surprised to learn the answer is “no.” Having recognized the vital role trees play in our ecosystem, Jacksonville, Florida has enacted tree removal laws to protect against the over-destruction of trees. In sum, these laws require a permit to remove “protected” trees, require mitigation for removed trees, and empower the city to enforce civil fines and criminal punishment for violation.
Operating under Florida’s Construction Lien Law can leave some contractors feeling as if they are negotiating the proverbial “minefield” of the Florida Statutes. One reoccurring question (whether in residential or commercial construction) I routinely address is, “How many construction liens must I record”. That depends on whether you have one or more contracts and are dealing with one or more owners.
With the construction industry working again, construction companies are continuing to look for alternative and non-conventional methods of advertising their services in order to secure projects. Advertising can make the difference between an outstanding business year and “keeping the lights on”. Florida contractors have many new ways of promoting their […]
It is well known that lien laws vary greatly from state to state. While all states have codified their respective rules regulating the who, what, where, when and how of their states lien laws, it can be difficult for contractors, subcontractors and suppliers to keep track of the ever changing […]
After filing a foreclosure action and receiving a response from the Plaintiff, it is common to obtain the needed documentation, including supportive affidavits, and move quickly for summary judgment. However, a recent decision from the Fifth District Court of Appeals has clarified when summary judgment is available following the filing […]
The Notice of Commencement is the most useful document for a contractor or subcontractor to obtain necessary information to perfect lien rights. The Notice of Commencement is referred to as the “source document”. A contractor or subcontractor who records a construction lien has the right to rely upon the information contained in the Notice of Commencement when attempting to perfect their construction liens. If the information in the Notice of Commencement is wrong, it will not invalidate the lien. The Notice must contain the following information: