Author Archives: Jay Butchko
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 »
Pay-When-Paid and Pay-If-Paid Clauses in Construction Contracts
If you are a general contractor, or any kind of construction company that has or utilizes subcontractors, you probably (hopefully) have every intention of paying your subcontractors and those who otherwise perform jobs for you on the job site. Except, sometimes you end up with a problem, such as a client or owner who… Read More »
AIRBNB and Palm Beach Tax Collector End Six-Year Battle
A six-year long lawsuit came to a conclusion on Monday, October 19, 2020, when the Florida Supreme Court declined an appeal by Palm Beach County Tax Collector Anne Gannon in favor of Airbnb, Tripadvisor and HomeAway (“Airbnb”). In June 2019, Palm Beach County commissioners approved the requirement of the collection and taxes of Airbnb… Read More »
What Does it Mean to Do Construction in a Good and Workmanlike Manner?
In almost every construction contract, there is the promise or guarantee that the work will be performed in a workmanlike manner. Even if this explicit provision is not in your contract (as it should be), there is almost always a general duty to perform contracts for construction work in a good and workmanlike manner…. Read More »
Contractors and Builders, Keep That Paperwork
So you have a construction company, or any company in the construction industry, and it’s time to do some house cleaning. You don’t want to be a hoarder, so you start to throw out a bunch of paperwork. It’s old, and you need space, and after all, it’s your business—you can keep or throw… Read More »
FLORIDA’S SUMMARY PROCEDURE
Summary procedure entitles specific Florida legal proceedings to expedited rules. Under Florida Statute 51.011, accelerating timeframes allows a case to proceed speedily and efficiently. The Florida Rules of Civil Procedure apply in an action ruled by summary procedure, except where statute or rule provides otherwise. When filing pleadings, this process is limited to Plaintiff’s… Read More »
Slavin Doctrine Protects Contractors From Liability
In 2008, a motorcyclist was killed at an intersection after colliding with another car. While this may seem like an ordinary negligence case for personal injury lawyers, the lawsuit alleged that the accident was caused by faulty design and construction, and was brought against the City of Hialeah. Victims Allege Faulty Construction The victims… Read More »
FLORIDA CIVIL THEFT CLAIMS IN A CONTRACTUAL RELATIONSHIP
Civil theft, as defined in Fla. Stat. § 772.11, can be alleged by businesses and individuals in order to provide a civil remedy for a theft claim. This tort action is separate from a conversion action. A civil theft claim is more difficult to prove because a party must show that there is felonious… Read More »
COVID Related Problems in Construction Law Contracts
Although technically there are no laws that require that construction or building jobs be halted, the COVID crisis—as well as some shutdowns that are currently beginning to occur again in other states—can cause problems for builders or contractors who are trying to meet deadlines on construction sites. Are you, as a builder or contractor,… Read More »
More Common Construction Contractual Terms That Can Cause Problems
A while back, we wrote about common terms in construction law contracts that contractors, builders, or owners entering into construction law contracts, should be aware of. Let’s take a look at other provisions, which are standard in almost every kind of contract—so standard, that many people overlook or ignore them, even though they can… Read More »
