Author Archives: Jay Butchko
Comparative Fault in Construction Law Cases – Who is Liable?
Comparative fault is the idea that more than one person can be liable for an injury or a breach of some kind of duty. Just think of a car accident—if you run into someone, the person you ran into may have done something to contribute to the accident. If someone falls in your store,… Read More »
What is a Home Warranty?
A home warranty plan is a plan that protects your home and your property from breakdowns, failures or defects that are made by, or passed on from, the builder. The breakdowns can be structural, such as those that go to the construction of the building, but can also warranty property in the home, such… Read More »
Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the Feb/March 2021 Edition of the Broward County Bar Barrister – A Year After…What is the Silver Lining from Covid-19 and What Can We Expect for 2021 A Discussion with the Honorable Jack Tuter, Chief Judge of the Seventeenth Judicial Circuit
One year ago, times were much different: in-person court hearings, in-person mediations and depositions, in-person trials, no face masks, and significantly less use of hand sanitizer. Immense changes have taken place with the legal system as a result of the pandemic. As President John F. Kennedy stated “Change is the law of life, and… Read More »
Workers’ Compensation Requirements for Construction Companies
If you are in the construction industry, workers’ compensation is a necessity. It’s not only a necessity, it’s a requirement—in fact, Florida law places a higher burden on construction companies than it does on non-construction companies to provide workers’ compensation insurance. Workers’ Compensation Requirements Normally, a business that has more than four employees working… Read More »
Time of the Essence Clauses in Construction Contracts
In almost every kind of contract nowadays, you see a time is of the essence (TIOE) clause. But in a construction law contract there can be loads of time periods, for all kinds of milestones. Is one general TIOE clause enough to protect parties? What is a Time is of the Essence Clause? A… Read More »
Considerations for Prefabrication Contracts
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 »
Mistake? Just Change the Contract! Maybe…
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 »
Avoid Running Into Licensing Problems
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 »
SIGNIFICANT FLORIDA SECOND MORTGAGE DECISION
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 »
Common Building Code Violations
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 »
