Category Archives: Construction Law
TERMINATION FOR CONVENIENCE IN FLORIDA CONSTRUCTION PROJECTS
Below is a general scenario/discussion that happens way too often in construction projects throughout Florida: Owner to Contractor: You are fired, you no longer can work on this project at all. Pickup all of your equipment and leave ASAP. Contractor to Owner: You can’t do this to me, I have an agreement with you,… Read More »
Three Instances in a Construction Project Where Legal Input is Invaluable
Seasoned general contractors who often run construction projects can become desensitized to the legalities of the construction process. Much of construction is legal given the costliness, time investment, and permanence of the business. The end user is always a human being whose safety and health should be ensured. The legalistic nature of construction projects… Read More »
OSHP: Ensuring Worker Safety on Florida’s Construction Sites
General contractors in Florida are required to follow two regulating bodies when it comes to workplace health and safety standards. The Occupational Health and Safety Administration, also known as OSHA, is the federal regulating body that sets standards and ensures that employers are protecting their employees (i.e., construction workers) from workplace hazards. However, state-based… Read More »
Avoid These Mistakes When Filing a Mechanic’s Lien
Florida law permits general contractors, laborers, subcontractors, and suppliers to claim interest in a property they have worked on, but have failed to receive due payment. A mechanic lien places a security interest on the property for the payment owed. That interest may be acquired to recuperate the payment for the work performed or… Read More »
Best Practices: Indemnity Provisions and Construction Contracts
Indemnification Provisions in Construction Contracts Indemnification provisions are often written into construction contracts. This is likely the case where the parties to the contracts are faced with a project or certain circumstances that comes with a high risk of loss or damage. These clauses are also seen in circumstances where there is a high… Read More »
Florida’s Workers’ Compensation Rules and How it Affects Your Construction Project
Workers’ compensation is a financial support system implemented by states and the federal governments to provide income, medical care and rehabilitative services to employees who become sick or injured during the performance of their employment duties. The benefits of workers’ compensation are normally provided even if the employee was at fault. Therefore, these services… Read More »
Negotiating a Construction Contract as a General Contractor
Negotiating any type of complex business transaction is a skill. Construction contract negotiations require much foresight and anticipation of possible delays and other difficulties. Each party is theoretically on the same side, however, there is a tug and pull. The owner will want little to no delays and the general contractor wants to agree… Read More »
Licensing Matters in Construction Law
The technicality of the construction business requires that contractors are lawfully licensed and duly approved to take on construction projects. State and local officials have the authority to audit contractors to ensure compliance. Florida, like other states in the country, requires general contractors to go through a process to obtain licensure. Without this license,… Read More »
Legal Issues in Construction Procurement
Public construction continues to be a huge source of revenue for many general contractors in the construction industry. The processes that local and state governments use are governed by regulations. Therefore, as compared to private contracting, public projects tend to take a more orderly and procedural path. All the same, public construction can be… Read More »
Consequences of Not Obtaining a Construction Permit
Florida and all U.S. states operate on a system of notifying counties and cities about impending construction projects. Each state has its rules governing when a permit is required depending on the size and magnitude of the project. The permit informs the local or state government and acts as a monitoring tool. The process… Read More »
