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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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Can You File a Lien While Working Under Multiple Contracts?

Confusing Lien Decisions

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 a single blanket lien against […]

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Florida Notice To Owner Senders Can Rely On Available Information

No Psychics Needed to Find Construction Data

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 lot of unnecessary worry […]

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Florida’s Local Government Prompt Payment Act: Contractor’s Rights

Cash flow is an important aspect of a contractor’s financial evaluations and forecasts.[1] 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 projects. Overview Owners sometimes withhold […]

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FLORIDA LIEN LAW: THE CONTRACTOR’S FINAL PAYMENT AFFIDAVIT

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 and is licensed in Florida, […]

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5 Things To Know About Florida Mechanics Lien Law

Florida Mechanics Lien Law

Parties looking to file a Florida mechanics lien must comply with Title 40, Chapter 713, Part I of the Florida Statutes. While Florida lien law (and mechanics lien law in general) 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 […]

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Florida Mechanics Lien: Amendment May Require More Documents to File

Florida Mechanics Lien Amendment

I recently posted an article about potential changes to Florida mechanics lien law currently being considered by the Florida Senate. In Senate Bill 460, Florida State Senator Simpson is advocating for some curious changes to the lien law scheme. As well as mandating that filing a lien after the 90-day period outlined by statute constitutes […]

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