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New Florida Law Substantially Reduces Retainage Rate on Government Construction Projects

October 1, 2020 Construction Industry Legal Blog, Florida Business Litigation Blog

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 […]

Perfecting Rights Under the Miller Act for Federal Construction Projects

July 10, 2020 Construction Industry Legal Blog

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 […]

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

June 23, 2020 Construction Industry Legal Blog

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 […]

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

May 28, 2020 Banking & Financial Services Industry Legal Blog, Construction Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 error defense and how businesses can be prepared to defend […]

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

May 14, 2020 Banking & Financial Services Industry Legal Blog, Construction Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 to creditors.  See §559.552, Fla. Stat. (2019); Kelly v. Duggan, […]

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

May 4, 2020 Construction Industry Legal Blog

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 much litigation for insurance companies as it hopes to alleviate. […]

Tips and Strategies for Building Owners to Closeout a Construction Project

March 26, 2020 Real Estate Development, Sales and Leasing Industry Legal Blog

Winding up a construction project and transitioning occupancy to the building owner (i.e. project closeout) can be a harrowing ordeal for an owner with little to no construction experience.  Even for experienced owners, Project closeout can be a challenge and is often mishandled, leading to eleventh-hour emergencies, cost overruns, and […]

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