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 […]
Many construction contracts for Florida projects contain arbitration provisions that require venue in a state, other than Florida. The term “venue” refers to the location where litigation will take place, in the event a dispute arises. Although Florida has a statute that governs venue in some construction contracts, when the […]
Many business and industries in Florida find it necessary to obtain some form of license in order to conduct business in this state. Florida’s Department of Business and Professional Regulation (“DBPR”) is the state agency in charge of licensing and regulating businesses and professionals within Florida. The Florida DBPR is […]
The Florida Construction Lien Law can be a contractor’s best tool for getting paid in full. While the Lien Law ultimately helps ensure full payment for contractors, it is not always clear regarding the procedural requirements for perfecting lien rights. Understanding the nuances and technical requirements is critical in a […]