Construction Industry Legal Blog

By Austin Calhoun, J.D. 2013

In a construction delay claim, the contractor has the burden to prove that the offending party’s actions affected activities on the critical path of the contractor’s performance of the contract. George Sollitt Const. Co. v. U.S., 64 Fed.Cl. 229 (Fed.Cl. 2005). To meet this burden, a contractor must initially establish the as-planned critical path. Moreover, the critical path needs to be diligently updated to adapt to the evolution of the construction project as it is actually built. Critical Path Method (CPM) schedules are the most often used and preferred way to create and document the critical path. See Id.

Chapter 558 of the Florida Statues, otherwise known as “Florida’s Construction Defect Statute” requires an owner to send a written notice to contractors, subcontractors, developers, suppliers and design professionals which identifies any construction or design defects associated with a construction project. Florida’s Construction Defect Statute is a complex web of […]

Construction liens under Chapter 713, Florida Statutes are complex and require careful attention. A construction lien will can be imposed on real property for nonpayment of labor and/or materials provided in the improvement of that real property. Florida Statute § 713.01 defines a “contract” as an agreement for real property […]

In today’s market, there is a much greater risk of investing labor and materials into a construction project as the probability of actually getting paid for your services is markedly reduced. In many cases, a lack of funding leads to abandonment of the project leaving vendors fighting to recover funds owed from whatever money is still left. In this situation, the only legal emedy may be an equitable lien against the real property.

Florida’s Construction Lien Law is found at Chapter 713, Florida Statutes.  It has long been criticized by judges, attorneys and construction professionals as complicated, unclear, and often times, down right confusing.  In an effort to provide some clarity, here are the Top 5 things you should know about Florida’s Construction […]

If you have any type of contractor’s license, listen up! Being paid to use your contractor’s license to pull a permit for others may sound like a profitable proposition but is a transaction fraught with risk and one that you should avoid.  The Florida Legislature enacted Section 489 to protect […]

Florida’s lien law is an especially draconian area of the law. Filing a lien is an invaluable tool to help you as a contractor, sub-contractor or materialman get paid on a construction job. It can also get you into trouble unless the statute is strictly followed. Legislative amendments have softened the blow of fraudulent lien claims, but the statutes still carries heavy penalties

Generally speaking, a “Notice to Owner” is a statutorily required notice which lets Owners of construction projects know who is working on the project.  It is effectively just that….a Notice to the Owner.  The Notice is required by Florida’s Construction Lien Law and must contain certain warning language, the Owner’s […]

By Harry M. Wilson, IV Esq.

Florida lawmakers convened in Tallahassee in early March to begin the state’s annual legislative session, which will run through May 6th. Republicans have veto-proof majorities in both the House and the Senate. This session marks the first for Governor Rick Scott who ran on a platform to reduce government, cut taxes and create jobs. Close to 1,800 bills have already been filed but perhaps the biggest challenge lawmakers will face will be balancing the state budget. In follow up to my first post, the following article highlights some of the other big issues facing the legislature this session:

Recently I was reading some old business journals and came across this article detailing How to Choose a General Contractor or Developer. In addition to competitive pricing, the JBJ extols the virtues of vetting the licensing, qualifications, references and workforce of your contractor. Using this article, past experience and client interviews as inspiration, we have created a list of 10 things to consider when selecting a General Contractor.