Category Archives: Construction Law
Legal Recourse for Non-Payment in Construction
Contractors and subcontractors alike face issues with nonpayment and account receivables during a construction project. A nonpayment issue can quickly turn into a legal one, which can cause work stoppage and it can create additional costs. There are a number of avenues for legal recourse when an owner or subcontractor is not fulfilling their… Read More »
Implied Warranties and the Spearin Doctrine
Contractors are held to an unspoken standard for their workmanship. These standards are not stated explicitly in contract, however, they are general sets of rules that the contractor guarantees to the owners of the construction project. There are a number of warranties that can become implied into a construction contract including the warranty of… Read More »
CONSTRUCTION LIENS AGAINST CONDOMINIUM PROPERTIES IN FLORIDA
One of the most peculiar but import aspects of practicing construction law in Florida is familiarization with the state’s lien laws. Florida Lien Law, Fla. Stat. § 713 with Fla. Stat. § 718.121(2), specifies that a construction lien based on labor performed on or materials furnished to common elements, when such contract work was… Read More »
Legal Tips for a Successful Construction Project
Contractors who take on projects have a huge responsibility to ensure that all aspects comport with federal, state and local laws. In addition, contractors and their attorneys must remain apprised of laws and other legalities that will affect the project during all stages. Contractors must also know how certain legal decisions will affect the… Read More »
Latent Construction Defects and Florida’s Statute of Repose
Generally, there is a 4 year statute of limitation period to file a complaint for defects where it concerns the construction of real property. This statute of limitation applies to defects that are discoverable. However, Florida Statute 95.11 provides a statute of repose period for latent defects actions. These are defects that are not… Read More »
WHY YOU SHOULDN’T PREPARE A CONSTRUCTION CLAIM OF LIEN YOURSELF IN FLORIDA
Payment problems are an unfortunate truth in the construction industry, and nearly every contractor or supplier has faced a payment issue in some form or another. Several look to construction liens to protect themselves. And why not? Construction liens are an effective tool to safeguard one’s right to payment. The problem, though, is that… Read More »
Construction Work and Environmental Law Concerns
Individuals in the construction industry have many obligations that is external to the work they are performing. The construction industry must work diligently to minimize the externalities that they pass on to the general public. For example, before starting a project that requires underground digging, a contractor is mandated to perform an investigation to… Read More »
Common Ethical Issues in Construction Law
Construction law like many other areas of law is fraught with tangential issues that can permeate into the substance of construction law issues. Parties engaged in construction contracting are wise to look for and anticipate ethics issues before they become a problem. The common pitfalls are subtle and usually not discoverable unless familiar with… Read More »
Legal Liability for Construction Site Accidents
Construction site accidents are rampant in the construction industry. In addition to its frequency, the politics of liability can turn complex given the many parties involved on a construction site and the legal implications that can arise depending on the standard of care expected from the party. On any traditional, larger-scale construction site, there… Read More »
An Overview of Construction Contract Warranties
Warranties are ubiquitous in all contracts. In short, warranties are promises or assurances regarding the deliverables of the contract. Warranties can come in the form of clear and precise words of assurances listed in the contract terms. These are called express contract term—they are expressly written into the body of the contract. Alternatively, implied… Read More »
