Category Archives: Construction Law
What Is A Joint Check Agreement?
In the construction industry there are many different parties working on a project, often in a hierarchical structure. That is, one party will hire another, then another, then another. They are still working on the same goal, and the same project, but they are different companies (or individual contractors). Often, however, payment will be… Read More »
The Basics Of Lien Foreclosure
One powerful tool that Florida law allows you to use to help make sure you get paid on your construction projects, is the ability to lien property. This is not just the ability to lien, as many creditors have, but includes the power to actually foreclose on property if construction projects are not paid… Read More »
What Is A Differing Site Condition?
Let’s say that you have drawn up all the construction contracts, and you are ready to start the job. However, once you are at the job site, a surprise awaits you: the condition of the property, or the physical layout of the property, is not what you thought or what was told to you… Read More »
When Is A Contractor Liable For Something A Subcontractor Does?
As a contractor, you have enough to worry about, in order to get the project done, done correctly, and to stay out of legal trouble. The last thing you need is to worry about being held responsible for something a hired subcontractor does. But is a contractor responsible for the errors, omissions or mistakes,… Read More »
Differences Between Latent And Patent Construction Defects
In the world of construction, a defect is not just a defect. Rather, there are different kinds of defects, and the kinds of defects on a project can affect the rights, remedies, and relief that all parties in the construction process can receive. Is there a Defect? One big problem is that parties often… Read More »
Are Aesthetic Disputes Valid Construction Defects?
If you have a construction project, you have construction contracts, and those contracts dictate the important details about the construction project. Most of those details are pretty clear. For example, the contract will have time limits, talk about what materials are used, discuss internal dimensions of the structure, or talk about other features that… Read More »
Liening Homestead Property For Unpaid Construction Work
One of the most powerful tools that a contractor has to ensure that it gets paid for work done, is the ability to lien property. But one of the most powerful protections a resident of Florida has against all creditors, is the homestead protection. What happens when these two forces clash? The Homestead Exemption… Read More »
What Is Unconscionability?
In the eyes of the law, you are free to make your own mistakes when it comes to entering into a contract. That means that a contract can’t be voided, avoided, or nullified, just because it’s unfair, or one sided, or because one person is getting a better deal than the other. Courts don’t… Read More »
Who Is Responsible For Errors In Construction Plans?
Often, things go wrong on a construction site. There are things we simply can’t control or foresee, and there are things that we can, but mistakes still happen. But sometimes, mistakes on a construction site aren’t because of how the property is built, or because of something that the contractor or builder did or… Read More »
Trade Secrets In Your Construction Business
Take a minute and think of all the things that you have developed through the years in your construction business. All the processes, procedures, and the “how to’s” of your business. Who are your preferred vendors? What processes do you use to get a construction process going? What agreements do you use with vendors… Read More »
