Blogs & Resources

Many creditors have default interest provisions in their contract documents. The highest rate allowable under Florida law for these default provisions is 18% per annum or 1.5% per month. However, creditors almost never address post judgment interest in their contract documents. Such omission leaves them at the mercy of the interest rate set forth in Section 55.03, which states:

Chapter 489, Florida Statutes, regulates the “construction industry” in Florida “in the interest of the public health, safety, and welfare.” § 489.101, Fla. Stat.. The statute addressing the enforceability of a construction contract with an unlicensed contractor provides in pertinent part: “As a matter of public policy, contracts entered into […]

By: Austin B. Calhoun J.D. 2013

In Jacksonville, Florida, do you have the right to cut down trees on your own property at will? You might be surprised to learn the answer is “no.” Having recognized the vital role trees play in our ecosystem, Jacksonville, Florida has enacted tree removal laws to protect against the over-destruction of trees. In sum, these laws require a permit to remove “protected” trees, require mitigation for removed trees, and empower the city to enforce civil fines and criminal punishment for violation.

Operating under Florida’s Construction Lien Law can leave some contractors feeling as if they are negotiating the proverbial “minefield” of the Florida Statutes. One reoccurring question (whether in residential or commercial construction) I routinely address is, “How many construction liens must I record”. That depends on whether you have one or more contracts and are dealing with one or more owners.

With the construction industry working again, construction companies are continuing to look for alternative and non-conventional methods of advertising their services in order to secure projects.  Advertising can make the difference between an outstanding business year and “keeping the lights on”.  Florida contractors have many new ways of promoting their […]

Likely not; however, the Court’s recent decision leaves the issue open to interpretation.  On March 7, 2013 the Florida Supreme Court published an opinion limiting the Economic Loss Rule to products liability actions.  Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Companies, Inc., 38 Fla. L. Weekly S151a, WL 828003 […]

It is well known that lien laws vary greatly from state to state. While all states have codified their respective rules regulating the who, what, where, when and how of their states lien laws, it can be difficult for contractors, subcontractors and suppliers to keep track of the ever changing […]

After filing a foreclosure action and receiving a response from the Plaintiff, it is common to obtain the needed documentation, including supportive affidavits, and move quickly for summary judgment.  However, a recent decision from the Fifth District Court of Appeals has clarified when summary judgment is available following the filing […]

The Notice of Commencement is the most useful document for a contractor or subcontractor to obtain necessary information to perfect lien rights. The Notice of Commencement is referred to as the “source document”. A contractor or subcontractor who records a construction lien has the right to rely upon the information contained in the Notice of Commencement when attempting to perfect their construction liens. If the information in the Notice of Commencement is wrong, it will not invalidate the lien. The Notice must contain the following information:

Construction litigation is expensive.  In many cases, attorneys’ fees comprise a large portion of the cost; however, they are not the only significant cost.  Increasingly, expert witnesses are needed to address very technical design and construction means and methods issues.  Many cases will require multiple experts.  Expert witness fees increase […]