Board-Certified In Construction Law By The Florida Bar
We have written many times before about the dangers, costs, and penalties associated with unlicensed contracting in Florida. "In order to protect the public and to prod contractors into obtaining the required licensing, the Legislature has, as a matter of state...
In Witt v. La Gorce Country Club, Inc., 2010 WL 2292104 (Fla. 3d DCA June 9, 2010), La Gorce Country Club, Inc. ("Owner") had a project for an irrigation system for its golf course. Owner had discussions with ITT Industries, Inc. ("Contractor") regarding the project....
Time and time again we meet with clients who are involved in a dispute with another party because one side thought they had agreed to one thing and the other party thought they had agreed to something else. These types of disputes can often be avoided by having a...
Whether to put forth effort to reduce or eliminate unnecessary risks may be evaluated on a cost-benefit basis. In the context of insurance, the costs of reducing or eliminating issues that might interfere with your right to coverage are sometimes very low, while...
Making certain to properly prepare your Notice to Owner or Notice to Contractor can be the difference between getting paid, and learning an expensive lesson. All too often, contractors seek to save a little bit of money and have their preliminary notices done on the...
Is Appraisal Mandatory to Resolve a Policy Dispute?The Devil Is In The DetailsBy: Ian T. Kravitz, EsquireCitizens Property Insurance Corporation ("Citizens") issued a policy of insurance ("the Policy") to the property owners, the Casars (Owners"). Owners filed a claim...
By: Robert S. Tanner, Esq.Can a contractor obtain a judgment against an owner for unpaid work but still lose? You bet. Read On . . .
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...
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....
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...