When contractors and other persons are not paid for their work on a private construction project in Florida, they may resort to recording a construction claim of lien on that property. That construction lien will serve as an encumbrance on the property, like a mortgage, until it is resolved or […]
Part III of this series will discuss being disciplined by a local municipality and how this can affect a certified contractor’s license. It is common knowledge within the construction industry that local building departments require certified contractors to obtain an occupational license. The governing authority regarding this issue is § […]
There are a few things a supplier can do to ensure they get paid on a construction project. One of the most important steps a supplier should take is preserve its lien rights under Florida’s Construction Lien Law, Section 713.001-.37, Florida Statutes. A critical component of that process is the “lien release.”
In Florida, contractors have an implied duty to build in accordance with the plans and specifications filed with the local building authority—the permit set. If a contractor deviates from the permit set of plan and specs, the contractor may be liable to any party damaged by the deviation.
Prescribed burning can present complex legal issues touching on property rights, safety concerns, public health, negligence and regulatory hurdles.
Occasionally when you are driving in Florida, you can see a large earthen creation that does not look like it belongs in our state. Trash mounds stick out in Florida. In fact, some of them are given names like Mount Trashmore. Mount Trashmore has even made the List of Florida’s […]
Part II of this series will discuss civil judgments and how they can affect a certified contractor’s license. The governing authority the Department of Business and Professional Regulation (“DBPR”) cites to when prosecuting civil judgment violations is section 489.129(1)(q), Florida Statutes. This section allows for disciplinary action to be taken […]
In an effort to protect Florida property owners, the legislature has enacted laws to protect the them from unscrupulous contractors.
The importance of the economic loss rule in construction law cannot be overstated. If a construction project goes south, the economic loss rule allows construction law attorneys to identify which parties to the project can bring what types of claims against which other parties. This blog post discusses Florida’s economic […]
This series will discuss the five most common violations prosecuted by the Department of Business and Professional Regulation (“DBPR”) pertaining to certified contractors. Part I of this series will discuss permitting violations and the steps to take in order to avoid the DBPR pursuing disciplinary action against a contractor’s license. […]