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 […]
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. Yet local governments across that state of Florida and the […]
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. This can often lead to disputes and litigation which we […]
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 meal deal marquees. Chances are you will see a small, […]
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, and depending on the language of the risk shifting provision, […]
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 […]