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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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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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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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