Author Archives: Jay Butchko
Two Important Statutes Governing Construction in Florida
There are laws on the book governing how construction claims are handled in Florida. Some of these laws are unique to Florida, and others are common to a few states. Contractors and owners, who do not regularly build in Florida, are well served to familiarize themselves with these laws. Among these construction laws is… Read More »
Employer Liability For Employee Acts: Frolic or Detour
As a general rule, employers are responsible for the acts of their employees. These acts include accidents born out of negligence, acts conducted within the scope of the employment, and acts that are part of the job description. With general rules there are exceptions. Although employees are an extension of their employers, this is… Read More »
My Neighbor Built a Fence on my Property
Encroachment A normal home improvement project can turn into a huge construction and real estate matter. Fence builders must be well versed in locating property lines to avoid encroachment. This is especially the case where homes are built in close proximity. Encroachment is the building of a structure partly or entirely on a neighbor’s… Read More »
Three Fundamental Construction Contract Terms
Given how the construction industry operations, parties must craft construction contracts with clarity and use terms, language that encompasses the multiple eventualities that may occur during the course of the construction project. There are certain terms to which a drafter should particular pay attention. These terms dictate the direction of the construction project depending… Read More »
Best Practices When Dissolving a Business
When an owner is faced with dissolving a business entity (or winding up a business), there are multiple considerations the owner is faced with to facilitate a smooth and legal process. For one, the entity type and the ownership amount will dictate the legal processes required for dissolution. The owner should consider the status… Read More »
Latent Construction Defects and the “Discovery Rule”
After a construction project is completed and the owner of the building takes ownership, the clock starts to run. This proverbial clock is also known as the statute of limitations. If there is a defect in the property, a lawsuit must be filed four years from the date the owner took possession. In other… Read More »
Take These Protective Steps After a Third Party Injury Occurs on Your Construction Site
When a third party is injured on a construction site there a few things owner and contractors must do to ensure legal protection. But first, who is considered a third party? A third party in the construction world refers to an individual who is not working on the side of the owner or the… Read More »
Disputing Construction Liens by Various Claimants
As the owner of a completed construction project, you are not out of the clear to enjoy the property until the statute of limitations for making claims and construction liens have passed. Until that time, your property is subject to claims from contractors, laborers, material suppliers, subcontractors and professionals such as engineers. There are… Read More »
Florida’s Building Permit Laws
Permit Required According to the Florida Building Code, a building permit is required for any instance where a building is being erected or altered. Therefore, a permit is required if the owner of the property plans to construct, enlarge, repair, move, demolish, change occupancy or structure of the building. The list of when a… Read More »
Common Disputes in Commercial Transactions
Commercial transactions are always fraught with much risk and danger. Given the amount of money and the parties involved in commercial transactions, that area of business contracting can be rather complex, making it a hotbed for disputes. Disputes can occur before a transaction is final, during the performance of the contract or after the… Read More »
