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 as those things sound, the reality is that most state […]
This blog is part of a series covering a critical component of a Florida construction lien—recording the claim of lien within 90 days’ of “final furnishing.” Failing to record a claim of lien within the 90-day final-furnishing deadline renders the lien completely invalid and useless. The trick is knowing when […]
When determining whether to pursue a construction defect action, few property owners consider the question: “how will my damages be calculated?”. While understandable, failure to properly address this question can prevent owners from recovering the full extent of their damages. This blog post discusses issues that should be considered when […]
All contractors and subcontractors in the State of Florida should know that a contractor and a subcontractor may each claim a lien for the same work on a particular project. However, the contractor and the subcontractor cannot both recover for the same work. The key is recovery. Florida law has […]
This article will discuss when a construction license is required in Florida. Under Chapter 489, Florida Statutes, there are specific guidelines regarding construction contracting for work you intend to perform. Being unlicensed and performing construction work that requires licensure can lead to a variety of issues. Read on to find […]
Under Chapter 489, Florida Statutes, primary qualifying agents are, typically, considered the main decision maker(s) of the business organization. As a general rule for construction licensing, increased responsibility leads to increased liability. Read on to find out what responsibilities primary qualifying agents have, what is a financially responsible officer or […]
The appropriate venue for litigating the foreclosure of a construction lien is obvious. The appropriate venue must be the county in which the property is located. Clearly, the county in which the property is located must issue the foreclosure judgment and hold the foreclosure sale. This is the case even […]
Have a dispute regarding an interpretation of the Florida Building Code (the “Code”)? Building officials in the State of Florida are given a lot of leeway in enforcing and interpreting the Code; however, there are mechanisms to keep them in check. Read my blog concerning the processes, including Petitions for […]
The construction industry is booming again in Florida. As a result, many people are seeking to take advantage of this by becoming licensed contractors. Chapter 489, Florida Statutes and 61G4-12 through 23, Florida Administrative Code sets forth the requirements for an applicant to achieve initial licensure. In Florida, an individual […]
What policy exclusions are included in your commercial general liability insurance (“CGL”) policy? If you do not have coverage, one mistake by an employee or a subcontractor, working on your behalf, can devastate a business. The insurance industry can be tricky, read on to find out what contractors should be […]