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...
Board-Certified In Construction Law By The Florida Bar
Payment Bonds
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...
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...
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...
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...
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...
Florida Construction Lien and Bond Law Changes
The 2012 Florida Legislature made some significant changes to the State public bonding statute, Fla. Stat. 255.05 and the Florida Construction Lien Law. House Bill 897 passed and became Chapter 2012-211, Laws of Florida effective October 1, 2012:The following is a...