Pursuant to the Miller Act and Florida’s Little Miller Act, when certain subcontractors and material suppliers have not been paid on public construction projects, they must file their lawsuit on the payment bond within one-year after the last day labor was performed or materials were supplied to the project. § […]
Before a property owner can make improvements over $2,500 to their property, Florida law requires the owner (or authorized agent) to record a Notice of Commencement in the public records where the project is located. A Notice of Commencement signals the beginning of a construction project, and provides protection to […]
Teaming agreements in the construction world, also referred to as teaming arrangements, are agreements between two or more independent companies to combine their resources, abilities, and knowledge, for the purpose of obtaining and, if successful, performing a competitive bid construction contract. If done properly, teaming agreements can assist these companies […]
On September 18, 2020, Florida Governor Ron DeSantis signed House Bill 101, an act relating to public construction, into law. This new law amends Section 218.735, Florida Statutes (the “Local Government Prompt Payment Act”) and Section 255.078, Florida Statutes (the “Florida Prompt Payment Act”), by reducing the maximum retainage rate […]
Within the last six months an inspector from the Occupational Safety and Health Administration (“OSHA”) visited your premises and you just received a “Citation and Notification of Penalty” for violations allegedly identified during the OSHA inspection. Now what? OSHA citations can be confusing, frustrating, carry heavy penalties, and must be […]
Managing Problem Construction Projects in Turbulent Times: Tools for Success is a multi-part education series designed for business owners and leaders in the construction industry. Part 3 of the series covered bond law for subcontractors and suppliers, including payment bonds on Federal and Florida public and private construction projects, and […]
Contractors cannot file mechanic’s liens on public construction projects, such as work on military bases, courthouses, or government owned buildings. Instead, the Federal Miller Act, 40 U.S.C. § 3131-3134, fills in this gap by protecting certain levels of subcontractors and material suppliers from general contractors who fail to pay them […]
Managing Problem Construction Projects in Turbulent Times: Tools for Success is a multi-part education series designed for business owners and leaders in the construction industry. Part 2, titled “Liens and Protecting Your Right to Get Paid,” covered Florida lien law and other mechanisms that subcontractors and suppliers can employ to […]
Managing Problem Construction Projects in Turbulent Times: Tools for Success is a multi-part education series designed for business owners and leaders in the construction industry. Part 1, titled “Notice and Documenting of Claims,” covered notice and documenting of claims; specifically, how to properly document and provide timely notice of claims […]
When can a construction CGL insurer finally breathe easy? The answer can be found in Fla. Stat. § 95.11(3)(c), Florida’s statute of limitations and repose for construction defects. The statute of limitations prohibits construction defect claims 4 years after the claim accrues. For not-readily-observable defects (“latent defects”), the claim does not […]