Category Archives: Construction Law
Steps to Permitting a Home Construction Project in Florida
Homeowners who are thinking of remodeling their home or starting work on an addition do not usually think of the permitting process. Depending on how large the construction project, the contractor must seek permission from the local agency before beginning construction. Homeowners must rely on the experience of their contractors to obtain the proper… Read More »
Arbitration Clauses in Construction Contracts
Construction contracts normally do not contain arbitration clauses. Parties prefer to leave it up to the courts in the case a dispute arises. That is usually the best course of action for parties given the varying complexities inherent in construction contracts and in the industry itself. However, there are some parties who prefer to… Read More »
Contractors vs. Subcontractor: Who is Responsible?
The construction transactional relationship between contractors and subcontractors can be quite complex when dealing with issues of negligence liability as well as injury to workers or third parties. Parties who seek to protect their interests can utilize a few legal strategies to avoid unwarranted liabilities. One way is by using a construction agreement to… Read More »
HOW TO AVOID PAYING TWICE AS AN OWNER DURING A CONSTRUCTION PROJECT IN FLORIDA
Imagine one morning you wake up and are drinking coffee in your new kitchen with the finest European appliances accompanied with the deepest deep blue granite with beautiful custom tile floors. You begin to think that you perhaps may have spent a little too much money on the kitchen, however, you’ve done your research… Read More »
Avoid Unenforceable Construction Liens
Florida law permits contractors to file a claim against a property for work completed or for services furnished for which payment has not been made. The law is a rigorous one with strict filing deadlines and notice requirements. Contractors who do not follow the timing and notice requirements may be headed for forfeiture of… Read More »
OSHA Enforcement and Florida State Construction Safety Laws
Construction is one of the most dangerous occupations. Workers are faced with daily dangers that cover a wide range of hazards including danger associated with falling items, falls, electricity, equipment, among many other hazards that are present on construction sites. The law that governs construction site safety in the United States are the federal… Read More »
Bond Claims in Construction Law
In the construction industry, there are legal mechanisms to ensure that deliverables are met and are met on time. The mechanism of the surety bond is one such means of ensuring that the deliverables of the construction project are fulfilled. In definitional terms, a construction bond is a type of surety bond used by… Read More »
Waivers of Subrogation
Subrogation clauses are commonplace in construction contracts. These terms are a safe harbor for insurance companies who want to recover for policy dollars paid out as a result of injury, property damage and any other kinds of loss stemming from a construction project. These agreements are often between the insurance company and the prime… Read More »
WHAT IS A CHANGE ORDER IN A CONSTRUCTION PROJECT?
When negotiating a construction contract, it is often difficult for the parties to absolutely define the scope of the work that is to be completed. These types of agreements are frequently altered during performance of the project. This is accomplished through a process commonly referred to as a ‘change order’. A change order is… Read More »
When Construction Work Becomes a Nuisance
Construction work is inherently noisy and interfering. Depending on the circumstances, individuals who are residing in close proximity to construction work may have a legal claim for such interferences. State and local officials utilize the permitting system to regulate many aspects of construction work to reduce the chances of interference with another’s use and… Read More »
