The Florida Construction Lien Law requires that you comply strictly with its mandates. Are you ready? Read More . . .
This annual Legislative Session in Tallahassee was an active session for construction law related issues. In our continuing effort to keep our clients up to date on the latest construction law issues, Your Construction Law FirmTM provides this summary as to the Legislative enactments in 2013 affecting the construction industry: Read On . . .
The Florida Construction Lien Law has been called many things, but not simple. There are key time periods, the failure to comply with which, can result in loss of lien rights or other serious consequences. The following is a description of the key time periods in what may be a typical chronological fashion from start of the job until what is all too often the final phase of construction, the lawsuit. Read On ...
You have all been there. You are due monies on a project, cash flow is tight, and finally a check is ready. You are handed a release to sign, and do so without much concern. It is not until later that you learn the effect of that release. Although you have executed hundreds or thousands of releases under the same circumstances without a hitch, do not assume that this release will bring the same result. As we have written here before, release language can prove tricky to analyze. Read More . . .
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 cheap. Either preparing those themselves, or utilizing unreliable services to do so. More than ever, we are seeing claims lost as a result of such frugalness.
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 are credit-worthy. "But," you say, "Florida law provides me with lien rights." If you are careful to comply with the many technical requirements, it is true that you may have lien rights. But, what if the construction lender's mortgage that has priority over your lien exceeds the value of the property? Your lien may be value-less. Many subcontractors over the last few years have found themselves in just that situation. If you are fortunate enough to be able to say that you are protected by a payment bond, then you might be in good shape. However, even in the case of a bond, you must still be careful to ensure the greatest chance of getting paid.
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:
Timing under the Florida Construction Lien Law