Monthly Archives: February 2021
In most construction contracts, the parties are negotiating terms about construction that will happen at or on the construction site. But in many cases, construction of elements or parts of the project happen off site, and then are transported onsite. This is called prefabrication, and parties should be aware of issues that can come… Read More »
Often, the things that make sense in our heads, or things that we think, don’t make it onto paper the way we intended. Or, sometimes the world just isn’t what we thought it was. Mistakes happen, we’re all human and the world changes without notice. But what happens when you make a mistake about… Read More »
If you are a contractor, you need a license from the State of Florida. Most people in the construction industry are aware of this. But what happens if you are performing work where you are supposed to be licensed, but you are not licensed? Consequences of Unlicensed Work The most immediate consequence is that… Read More »
On a re-hearing, the Third District re-affirmed that the primary person on an obligation, who is also the one that pays the obligation, is not entitled to subrogation against third parties. In other words, a primary person or entity is not permitted to pay off a second mortgage, have the mortgage assigned to it… Read More »
We all know that there are building codes which must be complied with in Florida. The Legislature has determined that contractors are accountable to the state and to the public, when there are building code violations. But what kind of violations are the most common? Building Code Violations Of course, cities and local jurisdictions… Read More »
Does Fla. Stat. § 713.345, Misapplication of Construction Funds Create Civil Liability under Florida Law?
As you may know Fla stat. § 772.11 (“Civil Theft Statute”), in many cases, can create a private cause of action where the root offense was a criminal violation relating to theft or exploitation. Further, this statute also provides treble damages, which can result in serious consequences for those who are found to be in… Read More »