Category Archives: Construction Law
Florida Law Governing Statute of Limitations for Construction Defects
The Florida Legislature passed CS/CS/HB 377 into law on May 4, 2017. The statute is an amendment to a previous law governing the statutes of limitation and repose for claims flowing from the design, planning or construction of an improvement to real property. The previous statute caused much confusion as to when the statute… Read More »
Common Construction Insurance Disputes
Businesses in the construction industry engaged in construction projects are wise to carry construction insurance to protect it as well as their workers from risks. Obtaining construction insurance has become a routine occurrence as part of the construction process. Construction companies do not think twice as it is normal for owners to require it… Read More »
Third Party Liability for Construction Site Injuries
Construction work is certainly one of the most dangerous jobs around today. With injury as a constant possibility, employers and contractors must ensure that they have protocol and practices in place to lessen the likelihood of injury. Federal laws under the Occupational Safety and Health Administration provide guidelines and regulate safety in the construction… Read More »
Safety Standards and the Top Three Causes of Death in the Construction Industry
The Occupational Safety and Health Administration (OSHA) creates standards governing the safety and health of construction workers as well as the public. Not only do they regulate the industry, but they also monitor and administer regulations to ensure compliance. Periodically, OSHA releases health and safety guidelines governing broad areas of health and safety standards… Read More »
Third Party Liability for Construction Site Injuries
Construction work is certainly one of the most dangerous jobs around today. With injury as a constant possibility, employers and contractors must ensure that they have protocol and practices in place to lessen the likelihood of injury. Federal laws under the Occupational Safety and Health Administration provide guidelines and regulate safety in the construction… Read More »
Yes, Contractual Interference is a Cause of Action
Tortious interference, also known as intentional interference with contractual relations, is a common law cause of action. Common law causes of action are man-made laws that arise from court decisions. In other words, this cause of action is not statutory. Tortious interference allows claims for damages against defendants who intentionally interfere with the plaintiff’s… Read More »
Safety Standards and the Top Three Causes of Death in the Construction Industry
The Occupational Safety and Health Administration (OSHA) creates standards governing the safety and health of construction workers as well as the public. Not only do they regulate the industry, but they also monitor and administer regulations to ensure compliance. Periodically, OSHA releases health and safety guidelines governing broad areas of health and safety standards… Read More »
Mechanic’s Liens: Creation, Perfection, and Priority
Although it sounds unrelated to the building construction industry, a mechanic’s lien is a powerful tool for building contractors and subs who seek to collect for their completed work. A contractor should consider a mechanic’s lien when the owner of a property or the entity responsible for payment does furnish payment according to a… Read More »
The Legal Mechanics of Quantum Meruit
What is Quantum Meruit? Quantum meruit (Latin for “as much as he has deserved”) is an equitable remedy that provides restitution for unjust enrichment. Unjust enrichment describes the scenario where one’s actions provide a valuable service to another thus requiring compensation even without the existence of a previously formed contract. In other words, a… Read More »
Florida’s Workers’ Compensation Law
Construction work is possibly one of the most dangerous vocations around today. The stakes are always high and injury is always around the corner. Thankfully, Florida has a workers’ compensation mechanism was designed to protect individuals who work around danger conditions. In Florida, most employees are required to provide workers’ compensation insurance to their… Read More »