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...
Board-Certified In Construction Law By The Florida Bar
Construction Law
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...
Even when the bond says no, you may be entitled to lost profits for unperformed work!
In The Plumbing Service Company v. Progressive Plumbing, Inc., Case No. 5D09-3171 (Fla. 5th DCA Oct. 22, 2010), The Plumbing Service Company ("Plaintiff") had sub-subcontract with Progressive Plumbing, Inc. ("Subcontractor"). Plaintiff sued Subcontractor alleging that...
Material Warranties Are NOT Implied Against Contractors
In regards to the furnishing of materials, did you know that warranties regarding the quality materials are NOT implied against contractors? Read here to learn more Contractor Material Warranties...
Professional Liability Policies 101
ever wonder what to look for when hiring a design professional? One key step is to verify that the design professional is adequately insured in the event of any potential claims regarding the design professional's work. This primer will help you learn what to look...
Should I Lien or Should I Bond? Or Both?
When you enter into an agreement to furnish labor, materials, and construction services, but that agreement requires the other party to pay you only after you have started performing, you are extending credit. No surprise, but not all owners and general contractors...
Know Your Insurance Policy?
As attorneys representing members of the construction industry, we are constantly emphasizing to our clients the importance of reviewing and understanding their insurance policies. Often times, a client knows that the company is insured, but does not understand what...
