By: Robert S. Tanner, Esq.Can a contractor obtain a judgment against an owner for unpaid work but still lose? You bet. Read On . . .
Board-Certified In Construction Law By The Florida Bar
Year: 2012
The Dreaded Surety Collateral Call
SURETY'S RIGHT TO MAKE A COLLATERAL CALL ON BONDED CONTRACTOR AND ITS PRINCIPALSBy: Robert S. Tanner, Esq.It is pretty much a rule that a surety will not issue performance or payment bonds to a contractor unless the surety is assured that it has very little risk. This...
Beware of Dangerous Conditions, Even If Not Your Doing!
Worthington Communities, Inc., was both the property owner and the general contractor for a condominium project in Fort Meyers. Worthington contracted with Sunshine Masonry, Inc. ("Sunshine") to install forms and pour concrete for structural divisions between floors....
INCORPORATION BY REFERENCE STRIKES AGAIN:
CONTRACTOR DEPRIVED OF RIGHTS UNDER SUBCONTRACTOR'S PERFORMANCE BOND BY FAILING TO PROVIDE NOTICE OF DEFAULT AS REQUIRED BY SUBCONTRACT INCORPORATED BY REFERENCEBy: Robert S. Tanner, Esq.In a previous article, "Before Signing That Contract, Be Sure You Understand All...
Licensed or Unlicensed? That Is The Question.
As anyone engaged in the construction industry in Florida knows, Florida law requires a "Contractor" to have a construction license. Most, but not all, statewide contractor licenses are found in Fla. Stat. §§ 489.101, et seq., including the registration of...
Unlicensed Contracting Can Prove Costly!
Undoubtedly, contractors who have invested the time, energy, and money to obtain and maintain their licenses may not have high regard for unlicensed contractors. Homeowners who have spent money on unlicensed contractors just to spend the money again to have the work...
Do You Furnish Work on Public Projects? Knowing the Changes to the Public Project Bond Law Is Essential To Getting Paid
If you furnish labor, services, or materials for the improvement of a public project, significant changes to the Florida public project bond law, section 255.05 Florida Statutes, have just gone into effect. In order to increase your chances of being paid, you need to...
Be Careful Or You May Have to Indemnity Others For Their Own Negligence
Indemnity obligations are often found in construction contracts. The function of these undertakings, generally speaking, is to pass liability through from one party to the other where one party is actively liable and the other party is vicariously liable. In the...
But I Thought We Had a Deal – A Lesson in Termination for Convenience
So you enter into a subcontract to furnish improvements for a set cost, everyone agrees, and then your subcontract is terminated for no reason, except that the general contractor has found someone who is willing to perform at a cheaper cost. Is that bad faith? Can the...
Can I Recover Attorney Fees On My Bond Claim?
Rules, more rules, exceptions to the rules, and an infinite number of exceptions to the exceptions - this may be the popular belief about what civil law is made of. Whether that perspective is accurate or not, understanding those rules, exceptions, etc., can translate...