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…Read More
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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…Read More
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…Read More
Mechanics liens for work performed on multiple parcels, lots, or specific improvements can be even trickier than the mechanics lien process in general – especially when work is performed pursuant to multiple contracts. Should one file a single mechanics lien on multiple lots? A separate lien for each different parcel or…Read More
In a recent Florida lawsuit, an engineering company and condominium association found themselves arguing over whether a mechanics lien was properly filed. The two parties had executed 9 different, independent contracts to perform work on the condominium complex. When unpaid, instead of filing 9 different liens, the engineering company filed…Read More
There are components of Florida’s Notice to Owner requirement that are very strict. We explored a few “gotcha” situations in the article “Florida Notice to Owner Mistakes That Can Kill Your Mechanics Lien Rights,” which included mistakes such as sending the NTO too late or too early.
One area that causes a…Read More
Cash flow is an important aspect of a contractor’s financial evaluations and forecasts. An owner’s failure to pay timely can break a contractor. Florida law provides contractors with a statutory right to prompt payment. In this article we will look at the contractor’s right to prompt payment on local government…Read More
This post is provided by Robert Tanner, a Florida Bar Board Certified in Construction Law and specializes in representing owners, contractors, subcontractors, and material suppliers with respect to construction contract negotiation and drafting, and contract, lien, bond, and defect claims and defenses. He has been practicing law for more than 14 years…Read More
Parties looking to file a Florida mechanics lien must comply with Title 40, Chapter 713, Part I of the Florida Statutes. While mechanics lien law can be quite complex, we’ve boiled down the essentials of protecting lien rights in Florida. This post outlines the top five things you should know about these…Read More
A review of the statute as it currently stands, however, seems to render these proposed changes unnecessary.