Tag Archives: Construction Law

Contractor Guide To Effectively Using The Construction Lien Law And Florida Statute 713.05 For Protection And To Allow A Full Recovery

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 … Read Full Post

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What Does the Sign Say Part II: Practical Solutions for Local Governments

As was discussed in Part I of this blog series, all signs are subject to some form of regulation while also carrying First Amendment protection.  This almost always leads to sign regulations that are confusing, inadequate, dated, and often, unconstitutional. … Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , , , ,

What Does the Sign Say? Sign Regulation, Legal Issues and the First Amendment

All signs are subject to some form of regulation while at the same time carrying some form of First Amendment protection.  Due to those protections afforded by the First Amendment, government regulation of signs is subject to a heightened scrutiny.  … Read Full Post

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The Right To Blight – Charitable Donation Bins, Freedom Of Speech And The First Amendment

The next time you are sitting at a red light at a busy suburban intersection, instead of checking your smart phone, look out the window. Look beyond the other traffic, beyond the political signs, and beyond the fast food combo … Read Full Post

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Limiting Liability In Agreements: Exculpatory Provisions And Ambiguities

In many business transactions, parties attempt to limit their liabilities and shift risk.  Typically, it is the party with the most leverage in that business transaction that seeks to include exculpatory provisions to minimize its risk. As a general rule, … Read Full Post

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Construction Contracting 101: Florida Requirements For Licensing

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 … Read Full Post

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Financially Responsible Officer (FRO): The Responsibilities of Primary Qualifying Agents

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 … Read Full Post

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Where Is The Appropriate Venue To Litigate A 713.24 Transfer Bond?

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 … Read Full Post

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Disputes Regarding Interpretation Of The Florida Building Code By Building Officials, The Florida Building Commission And Contractors

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 … Read Full Post

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How Do You Become A Certified Building Contractor In Florida?

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 … Read Full Post

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