Monthly Archives: October 2019
Federal Mandates Requiring Strict Contractor Compliance
Contractors must consider the legal obligations they owe to varying parties when commencing a construction project. They have a responsibility to the owner of the project, the workers including all subcontractors, and to the public–in the local sense and at-large. There are environmental considerations as well as utility, zoning, and permitting considerations. The larger… Read More »
MEDIATION IN FLORIDA
Mediation is securely rooted as a vital component of Florida’s court system. The Florida Legislature and judiciary have generated one of the most comprehensive court-connected mediation programs in the country. Over 18,000 people have completed a Supreme Court of Florida certified mediation training program, and over 5,000 people are certified by the Supreme Court of Florida… Read More »
Legal Recourse for Non-Payment in Construction
Contractors and subcontractors alike face issues with nonpayment and account receivables during a construction project. A nonpayment issue can quickly turn into a legal one, which can cause work stoppage and it can create additional costs. There are a number of avenues for legal recourse when an owner or subcontractor is not fulfilling their… Read More »
ARBITRATION IN FLORIDA
Arbitration is a form of alternative dispute resolution in which the dispute will be heard by a certified, neutral arbitrator or tribunal of neutral arbitrators. Arbitrators will hear evidence from all parties involved in a relatively informal hearing, and they will then make a binding decision to resolve the case. Arbitration is progressively being… Read More »
Implied Warranties and the Spearin Doctrine
Contractors are held to an unspoken standard for their workmanship. These standards are not stated explicitly in contract, however, they are general sets of rules that the contractor guarantees to the owners of the construction project. There are a number of warranties that can become implied into a construction contract including the warranty of… Read More »
CURRENT STATE OF THE LAW ON RINGLESS VOICEMAIL MESSAGES
On July 1st, 2018 Florida Governor Rick Scott signed into law Senate Bill 568, which plainly swept ringless voicemail technology within the state’s law. Since then recent federal court decisions such as Saunders v. Dyck O’Neal, Inc., 319 F. Supp. 3d 907 (W.D. Mich. 2018) and Schaevitz v. Braman Hyundai, Inc., No. 1:17-cv-23890-KMM, 2019… Read More »
Issues of Liability in Limited Liability Partnerships
Limited Liability Partnership is one form of entity formation under which businesses in Florida can choose to incorporate. There are many benefits to forming an LLP. However, there are some considerations as well. In essence, a limited liability partnership is a general partnership. The biggest advantage of forming a limited liability partnership as opposed… Read More »
CONSTRUCTION LIENS AGAINST CONDOMINIUM PROPERTIES IN FLORIDA
One of the most peculiar but import aspects of practicing construction law in Florida is familiarization with the state’s lien laws. Florida Lien Law, Fla. Stat. § 713 with Fla. Stat. § 718.121(2), specifies that a construction lien based on labor performed on or materials furnished to common elements, when such contract work was… Read More »
Attorney Brendan Sweeney featured in the October edition of the Broward County Bar Barrister
After the most recent Florida Legislative session roughly 200 bills were passed to seek the Governor’s approval. Allow this to be a highlight for a few of particular significance. The House passed HB1253 to allow Attorney General Ashley Moody access to a database of patients’ opioid prescriptions so that she—on behalf of the State,… Read More »
Legal Tips for a Successful Construction Project
Contractors who take on projects have a huge responsibility to ensure that all aspects comport with federal, state and local laws. In addition, contractors and their attorneys must remain apprised of laws and other legalities that will affect the project during all stages. Contractors must also know how certain legal decisions will affect the… Read More »
