Construction Industry Legal Blog

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 […]

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 […]

The profession of interior design has been a consequence of the continued development of interior space and complex architecture.  Typically, the interior designer is tangential to the overall design team of a construction project.  The pursuit of effective use of space is of primary importance and functional design has contributed […]

Termination for Convenience clauses were first introduced during the American Civil War and were used in government contracts.  Such provisions in contracts with the Federal government allowed the government to terminate contracts related to military procurements that were no longer necessary as a result of changing technology or the cessation […]

Part II:  Contractor Defenses to Negligence Claims          Part I of this posting discussed various considerations with proving contractor negligence in Florida.  Part II of this posting will discuss defenses and hurdles in proving such negligence.  Just as the Plaintiff has the burden of proof on its negligence claim, the […]