Author Archives: Jay Butchko
When Is A Contractor Liable For Something A Subcontractor Does?
As a contractor, you have enough to worry about, in order to get the project done, done correctly, and to stay out of legal trouble. The last thing you need is to worry about being held responsible for something a hired subcontractor does. But is a contractor responsible for the errors, omissions or mistakes,… Read More »
Differences Between Latent And Patent Construction Defects
In the world of construction, a defect is not just a defect. Rather, there are different kinds of defects, and the kinds of defects on a project can affect the rights, remedies, and relief that all parties in the construction process can receive. Is there a Defect? One big problem is that parties often… Read More »
Are Aesthetic Disputes Valid Construction Defects?
If you have a construction project, you have construction contracts, and those contracts dictate the important details about the construction project. Most of those details are pretty clear. For example, the contract will have time limits, talk about what materials are used, discuss internal dimensions of the structure, or talk about other features that… Read More »
Liening Homestead Property For Unpaid Construction Work
One of the most powerful tools that a contractor has to ensure that it gets paid for work done, is the ability to lien property. But one of the most powerful protections a resident of Florida has against all creditors, is the homestead protection. What happens when these two forces clash? The Homestead Exemption… Read More »
What Is Unconscionability?
In the eyes of the law, you are free to make your own mistakes when it comes to entering into a contract. That means that a contract can’t be voided, avoided, or nullified, just because it’s unfair, or one sided, or because one person is getting a better deal than the other. Courts don’t… Read More »
Who Is Responsible For Errors In Construction Plans?
Often, things go wrong on a construction site. There are things we simply can’t control or foresee, and there are things that we can, but mistakes still happen. But sometimes, mistakes on a construction site aren’t because of how the property is built, or because of something that the contractor or builder did or… Read More »
Trade Secrets In Your Construction Business
Take a minute and think of all the things that you have developed through the years in your construction business. All the processes, procedures, and the “how to’s” of your business. Who are your preferred vendors? What processes do you use to get a construction process going? What agreements do you use with vendors… Read More »
Are Any Delays Considered Excusable On A Construction Project?
In the construction world, delays can be devastating for an owner. When construction is supposed to be finished by a certain time, and it isn’t, it can have effects on your bottom line, your ability to do business, and the amount of time you’re paying to have the construction crew at the job site…. Read More »
What Is A Takeover Agreement?
A surety is an insurance company that promises to complete work on a construction project, in the event that the contractor or builder does not. The surety is a guarantee for the owner that someone will be there to complete the project, even if the contractor defaults. But if the contractor does default, or… Read More »
What Is A Surety Bond And When Is It Used?
If you have solid construction contracts, you may feel that you are completely protected from default. After all, you can always sue, because you and your construction lawyers have gone over every letter of your contract, to make sure that you will be able to recover if there is a default in your contract…. Read More »
