All Florida construction industry participants need to be aware of the significant new changes to the payment bond claim requirements on private projects under section 713.23, Florida Statutes, made by the 2019 Florida Legislature in House Bill 1247.[1] These changes become effective on October 1, 2019, and understanding the new […]
In 1923, the United States introduced the Frye standard to determine the admissibility of scientific evidence in a court of law. In Frye v. United States, the Circuit Court of Appeals for the District of Columbia ruled that for the results of a scientific test to be admissible, the test […]
Real property purchase and sale agreements often contain detailed requirements pertaining to termination, inspection, placing of deposits, and even the form in which certain notices to parties must be provided. Of course, parties to such agreements must read and understand their material terms and failing to strictly comply with material […]
A sweeping insurance reform bill was signed into law by the Governor on May 23, 2019. The law creates two entirely new sections in Chapter 627 of the Florida Statutes, which governs Insurance Contracts. The bill creates Section 627.7152, Florida Statutes, which regulates assignment agreements that are regularly known in […]
Over the past few years each legislative session in Florida seems to generate new laws that impose various requirements on local governments. Some are labeled “unfunded mandates” and others are described as an assault on “home rule”. But as bad as those things sound, the reality is that most state […]
According to NOAA, Florida has over 8,400 hundred miles of coastline. That is second only to Alaska. Since 2000, 79 tropical or subtropical storms have impacted the state of Florida. Many of us cringe when we hear the names Floyd, Bonnie, Florence, Ivan, Dennis, Irma, Matthew and Michael. Collectively, these […]
Pursuant to Florida’s construction lien law, an owner of real property who contracts for improvements to the property is subject to construction liens against the property. However, the lien law is somewhat unique for commercial properties, as the commercial landlord and the tenant can both be considered owners of the […]
If you own operate a business, rent to commercial tenants, develop real estate or even just own a parcel containing a single-family home, chances are, you are going to have to seek some sort of regulatory approval from a local government. A zoning exception to sell beer and wine, a […]
This blog is part of a series covering a critical component of a Florida construction lien—recording the claim of lien within 90 days’ of “final furnishing.” Failing to record a claim of lien within the 90-day final-furnishing deadline renders the lien completely invalid and useless. The trick is knowing when […]
When determining whether to pursue a construction defect action, few property owners consider the question: “how will my damages be calculated?”. While understandable, failure to properly address this question can prevent owners from recovering the full extent of their damages. This blog post discusses issues that should be considered when […]