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Scope of Florida Homeowners’ Recovery Fund Expanded

Scope of Florida Homeowners' Recovery Fund Expanded

  The Florida Homeowners’ Recovery Fund was created after Hurricane Andrew stuck Florida in 1993. The fund operates as a safety net for consumer recovery for those suffering monetary damage due to misconduct of a licensed contractor, abandonment of a project, or a fraudulent statement of a contractor on a construction, repair, or improvement project. Should […]

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A Tale of Two Policies: CGL Policy Litigation in Florida

A Tale of Two Policies: CGL Policy Litigation in Florida

A contractor’s relationship with its insurance company can be precarious, and when it comes time to file a claim, you don’t want any surprises. Incomplete coverage can be costly, a lesson recently learned by general contractor Elite Homes. In a case decided just three months prior, Pavarini Construction Company faced a similar situation with a dramatically different outcome. […]

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No Lien-iency for Florida Lien Deadlines

No Lien-iency for Florida Lien Deadlines

No matter where you are, it is imperative to be aware of deadlines regarding your lien and bond claims. In Florida, it has become apparent that courts will not show leniency toward lienors when it comes to procedural matters. In Jack Stilson & Co. v. Caloosa Bayview Corp. the Supreme Court of Florida made its stance particularly clear by […]

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The Notice of Commencement Handbook

The Notice of Commencementt

What Is A Notice of Commencement? Notice of Commencement is a legal document available to construction participants in the following states: Florida, Iowa, Michigan, Georgia, Ohio, South Carolina, South Dakota, and Texas. The rules applicable to notice of commencement vary widely among these states. Sometimes this document is required, sometimes it is optional. In some cases, […]

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Securing Lien Rights in Florida: A Fact Sheet

Securing Lien Rights in Florida: A Fact Sheet

The protection of a mechanics lien is broadly available in Florida, but securing lien rights in Florida can be tougher than in other states. Florida has strict Notice to Owner requirements that apply to most lien claimants who provide work on private projects. Failure to send a required Florida notice to owner (preliminary notice) within […]

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Miller Act Claims Are Not Easily Tossed Aside

Miller Act Claims Are Not Easily Tossed Aside

The Miller Act provides protection for contractors and suppliers on a federal construction project. The Act requires that the prime contractor on a federal project post a bond. This bond covers both first and second tier contractors and suppliers. Generally, if you are a third tier contractor or supplier, you have no rights under the […]

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Florida Notice to Owner: Everything You Need to Know

WHY send a preliminary notice (aka Notice to Owner) in Florida? The short answer: Sending a Notice to Owner in Florida is essential to maintaining lien rights. The long answer: Failing to provide a Notice to Owner (“NTO”) is fatal to lien rights in Florida. To have the greatest chance of being paid on a project, best […]

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Construction Industry Arbitration Rules and Mediation Procedures Revised

payment dispute

Over the summer, the American Arbitration Association (AAA) revised the Construction Industry Arbitration Rules and Mediation Procedures. Some changes are rather modest, while others will have a great impact on construction contract disputes. Whether they effect your contract or not is determined by the language of your contract. Even if your contract was agreed upon […]

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Florida Courts Determine What Constitutes Licensing

Licensing is a very important part of any construction project, and for good reason. Knowing that a party has a required license provides peace of mind for the owner, who can rest easy knowing the hired party has the required expertise to do the job, and the licensed party will have all options open to […]

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Buyers Beware: Insurance Companies Found A Loophole In Florida’s Construction Defect Process

  Disputes routinely arise on construction projects. State legislatures, like Florida’s, pass laws in an effort to make these disputes as painless as possible, but sometimes even the best intention can yield sour results. Florida has a required alternative dispute resolution (“ADR”) in place for construction defect disputes by way of Chapter 558 of the Florida Code. Unfortunately, the […]

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