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  • PROPERLY TERMINATING A NOTICE OF COMMENCEMENT

    In prior postings I have discussed the importance of the notice of commencement, particularly when it comes to notifying lienors of applicable information regarding their construction lien or payment bond rights and the priority of construction liens. In certain circumstances, it may be in an owner’s best interest to terminate the effectiveness of the notice of commencement ...

    Florida Construction Legal Updates- 9 readers -
  • FLOWING DOWN LIABILITY IN CONSTRUCTION DEFECT LAWSUITS

    In construction defect lawsuits, third-party (or fourth-party) claims are routine to flow-down liability downstream. Right, a general contractor sued by an owner will want to flow-down its liability to the subcontractors. And, subcontractors will want to flow down their liability to sub-subcontractors and suppliers.

    Florida Construction Legal Updates- 10 readers -
  • BREACH OF A CONSTRUCTION CONTRACT & AN EQUITABLE REMEDY?

    In payment or collection-type lawsuits, the party suing for money sometimes asserts a claim for unjust enrichment or quantum meruit as an alternative equitable remedy to a breach of contract claim. Frankly, sometimes a party will do this as a means to throw everything against the wall hoping something, just something, sticks.

    Florida Construction Legal Updates- 10 readers -
  • IMPACT OF LIS PENDENS ON UNRECORDED INTERESTS / LIENS

    In a previous article, I discussed the importance of recording a lis pendens in a construction lien foreclosure action. There is another noteworthy point relating to the impact of lis pendens that can provide quite a bit of consternation. Florida Statute 48.23(1)(d) provides: (d) Except for the interest of persons in possession or easements of use, the recording of such ...

    Florida Construction Legal Updates- 14 readers -
  • DURATION OF PUBLIC PAYMENT BOND = FULL TERM OF PUBLIC CONTRACT

    Florida Statute s. 255.05 governs public payment bond rights on Florida public construction projects (other than Florida Department of Transportation projects). This is an important statute for all that perform Florida public construction work! (Check out this article for more information on s. 255.05 and this chart summarizing steps required to preserve payment bond rights.

    Florida Construction Legal Updates- 12 readers -
  • PRIME CONTRACT DRAFTING AND NEGOTIATION

    Contract drafting and contract negotiation is important. We all know that. No surprises there! But, when it comes to drafting a contract and negotiating terms and conditions, it is important to be fair and reasonable because a contract has to be an equally allocated give and take of risks. A truly one-sided contract is more than often a recipe for disaster because it is unrea ...

    Florida Construction Legal Updates- 13 readers -
  • EXAMPLE OF IMPORTANCE SUPPORTING THEME FOR INSURANCE COVERAGE

    The case of Divine Motel Group, LLC v. Rockhill Ins. Co., 2016 WL 3902041 (11th Cir. 2016) illustrates the importance of presenting and supporting your theme for insurance coverage. This theme needs to be well thought out and considered in the context of maximizing insurance coverage. Otherwise, you are navigating in the world of insurance exclusions without a strategic agend ...

    Florida Construction Legal Updates- 18 readers -
  • LIS PENDENS – RECORDATION AND DISSOLUTION

    When you file a construction lien foreclosure lawsuit, you must also record a lis pendens in the official (public) records against the property. This lis pendens serves as written notice that there is a lawsuit concerning the real property, and more specifically, title relating to that real property.

    Florida Construction Legal Updates- 12 readers -
  • CONTRACTUAL INDEMNIFICATION LIMITATION ON FLORIDA PUBLIC PROJECTS

    Construction contract indemnification provisions are governed under Florida Statute s. 725.06. This is a very important statute to know if you are drafting indemnification provisions for any type of construction contract. (There is also Florida Statute s. 725.08 that discusses indemnification provision applicable to design professionals that is also worthy of knowing.) Contained within s.

    Florida Construction Legal Updates- 14 readers -
  • DRAFTING THE BOND FORM, PARTICULARLY THE PERFORMANCE BOND FORM

    Oftentimes, when it comes to payment and performance bonds (in particular) the bond forms are drafted by the obligee. For example, an owner (as the obligee) may draft the bond forms that it wants its general contractor’s surety to execute. And, a general contractor (as the obligee) may draft the bond form that it wants its subcontractors’ sureties to execute.

    Florida Construction Legal Updates- 11 readers -
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