Tag Archives: Construction Law

Should I Terminate a Notice of Commencement?

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 … Read Full Post

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Overview of Construction Teaming Agreements in Florida

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 … Read Full Post

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New Florida Law Substantially Reduces Retainage Rate on Government Construction Projects

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 … Read Full Post

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Perfecting Rights Under the Miller Act for Federal Construction Projects

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 … Read Full Post

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What Insurers Need to Know about Florida’s Statute of Repose for Construction Defects

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 … Read Full Post

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Florida’s Consumer Collection Practices Act (FCCPA) Part 2: Implementing Safeguards and Internal Procedures to Establish a Bona Fide Error Defense to Violations of the FCCPA

Part 1 of this series provided an overview of Florida’s Consumer Collections Practices Act (FCCPA) and explained why it is imperative for all business owners to be aware of, and understand, the FCCPA.  This article explores Section 559.77’s bona fide … Read Full Post

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Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA

All businesses in the state of Florida need to be familiar with Florida’s Consumer Collection Practices Act (“FCCPA”).  The FCCPA is found at Sections 559.55-559.785 of the Florida Statutes.  The FCCPA is intended to protect consumers and is intentionally unfair … Read Full Post

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Five Key Tips for Construction Delay Claim Success

Delays are sometimes unavoidable on construction projects. When delays occur, they can often result in increased costs to contractors and subcontractors, and may bring exposure to owner claims for liquidated damages for delay.   Certain types of delays, such as those … Read Full Post

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Does an Insurer Have a Duty to Defend a Claim Immediately Upon Receipt of a Florida Chapter 558 Construction Defect Notice?

Construction projects are fragile and issues often arise when the project in practice doesn’t match the project in planning. Resolving these issues has become more standardized with the enactment of Florida Statutes Chapter 558, but the chapter may create as … Read Full Post

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Conditional Payment Bonds: Owners and Contractors Beware

Whether you are an owner, contractor, subcontractor, or supplier, payment problems on a construction project can have dire consequences.  To better protect against those payment problems, and depending on the type of construction project, Florida law gives certain persons the … Read Full Post

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