Category Archives: Construction Law
How to Handle OSHA Violations After a Complaint is Filed
Recently we wrote about how to handle the initial stages of an OSHA complaint. But assuming you do not want to agree to the violation, pay the fine, and of course fix whatever you were cited with—which may be a viable option, depending on the severity of the violation, and the cost of fighting… Read More »
Florida’s Consultants’ Competitive Negotiation Act
When public entities hire professionals who provide engineering, architecture, surveying, mapping, and landscape architecture, a Florida law known as the Consultants’ Competitive Negotiation Act (CCNA) may come into play. Florida’s CCNA is based on a federal law known as the Brooks Act, which also provides for a specific qualification based selection process that is… Read More »
New Florida Law Contains Provisions for Preserving and Protecting Coastal Regions
Florida’s shoreline regions are among the crown jewels of the Sunshine State. The value of preserving these regions in order to ensure their continuing role in promoting and protecting the public health and welfare of our citizens has been clearly recognized by Florida law. For example, the Coastal Zone Protection Act of 1985 expressly… Read More »
Is Construction an Essential Business in Florida?
As we know, during COVID-19 and before reopening began, businesses that are “non-essential” were forced to close. “Essential” businesses, however, were allowed to continue to operate. Aren’t We Reopening? Why Does This Matter? Whether construction is an essential business might seem unimportant at the moment: after all, most states – including Florida – have… Read More »
Appeals Court Affirms Summary Judgment for Contractor on Common Law Indemnity Cross Claim
When a home renovation project goes wrong and leads to litigation, the lawsuit brought by the homeowner will ultimately seek to determine who among potentially responsible parties – including contractors and various subcontractors – is responsible for any and all of the damage that occurred. In this type of lawsuit, the various contractors and… Read More »
Construction Defects – Time Limits under Florida’s Statute of Limitations
Moving day, whether it involves moving into a brand-new home or an older home that has been renovated, renewed or refreshed, is the culmination of a long planning process that involves many details and lots of decisions. Even a more limited construction project, such as an addition or a renovation, requires careful attention and… Read More »
Preventing Construction Worker Falls
Workplace injuries occur across all industries and can affect workers in all roles. When it comes to worker fatalities in industry, the construction industry factors significantly in statistical calculations. According to OSHA, on-the-job fatalities, lead to more than 14 deaths per day across all industry sectors in 2018. Of private industry fatalities for the… Read More »
Florida Lien Law – What Does Your Contract Say About Who Pays Subcontractors?
Florida’s lien law is made up of several parts, each of which governs liens in different types of businesses or industries. The first part of the lien law – which covers construction liens – covers construction liens, an important subject for anyone involved in a construction project, whether a contractor, subcontractor, or property owner…. Read More »
Legal Remedies for Slow Moving Contractors
Home improvement projects involve time and effort – from the planning stages to finding a contractor to finally seeing the plan take shape. Sometimes, the time it takes in between finding a contractor and seeing the plan take shape seems excessive. Complaints about undue delay are not uncommon. Homeowners (or other contracting parties) often… Read More »
Statute of Limitations – Actions Based on the Design, Planning or Construction of Improvements to Real Property
For various types of lawsuits, except for actions seeking to recover real property, Florida provides limitations periods, often referred to as statutes of limitations, in Fla. Stat. 95.11. Basically, these laws limit the time that a plaintiff has to file a lawsuit based on a particular type of claim. Under Fla. Stat. 95.11(3)(c), for… Read More »
