A mechanic’s lien, in the realm of construction and property development, is a powerful legal tool that contractors can wield to secure payment for their services. It essentially functions as a claim of money owed, with the property being developed is used as collateral for payment. However, for property owners in Florida, contesting a mechanic’s…
In Florida and elsewhere, construction projects can be prone to various risks and uncertainties. The incompetence of either party as well as outside factors such as weather, zoning permissions and construction industry staffing constraints can lead to delays. When one party alleges that another party is responsible for causing a delay, construction delay claims can…
Construction disputes that result in legal action can be complex and time-consuming to resolve. However, there are steps that can be taken to try and resolve the issue without resorting to costly and lengthy legal proceedings. “Before taking any legal action, it is often worth trying to resolve the issue informally.” Regardless of the route…
Collecting construction debt can be a challenging feat. Thankfully, there are tried and true processes as well as experts to guide the way. Organizing Your Paperwork Many debts are due to unresolved disputes. Therefore, step one in collecting a debt is creating a solid defense of the case for making full payment as billed. In…
In Florida, competitive bidding is statutorily mandated so as to ensure the best interests of the public. The Administrative Procedure Act (APA) of 1961, codified as Florida Statutes Ch. 120 is the state’s main mechanism to ensure visibility and accountability in the public procurement process. The related statutes are designed to ensure fair pricing on…
Construction surety bonds are securities issued by an insurer that guarantee financially that a construction company will perform their duties or pay a penalty to the contracting entity. The construction company, which could be a general contractor or subcontractor, is called the principal. The contracting entity, often a government or large corporation, is called the…
In contract law, a breach takes place whenever one of the parties to a contract fails in fulfilling its obligation or obligations as described in the contract. A breach is said to have taken place whether this failure took place partially or wholly. The breaching party might also have communicated an intent to fail the…
Construction contracts typically have contingent payment clauses that state that a contractor will pay their subcontractors once the contractor has been paid by the property owner. These construction contract clauses shift the risk associated with payment so that the risk is shared between the contractor and all of its subcontractors. Based on a precedent set…
A number of fraudulent and/or questionable construction claims are filed against major insurance companies each year. Each of these claims has to be investigated and, in many cases, litigated. Many large property and casualty insurers need an experienced local attorney here in South Florida to investigate claims that seem questionable. Insurance companies can conduct extensive…
When undertaking commercial or residential construction projects, there is the possibility that construction defects may arise during or after the building process. Contractors, designers, and manufacturers might all do their part to ensure a job well done, but there still remains a chance that errors will occur. Construction defects are one of the most common…
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