• CONDITIONAL PAYMENT BONDS AND TRANSFERRING A LIEN TO THAT BOND

    There are two types of statutory payment bonds that can be furnished on private construction projects in Florida: (1) unconditional payment bonds issued pursuant to Florida Statute s. 713.23 and (2) conditional payment bonds issued pursuant to Florida Statute s. 713.245. With an unconditional payment bond, an owner’s real property is exempt from construction liens from subc ...

    Florida Construction Legal Updates- 16 readers -
  • STAYING MILLER ACT PAYMENT BOND LAWSUIT PENDING ARBITRATION

    In a prior posting, I discussed how federal courts have discretion to stay a subcontractor’s lawsuit against a payment bond surety pending an arbitration between the subcontractor and general contractor. This posting did not pertain to a Miller Act payment bond. However, low and behold, this same rationale would apply to a subcontractor’s lawsuit against a Miller Act payment bond. In U.S.

    Florida Construction Legal Updates- 15 readers -
  • WHAT IS A FRAUDULENT LIEN?

    What is a fraudulent lien? Just because a construction lien is recorded does not mean the lien is a fraudulent lien. In fact, getting a lien declared a fraudulent lien is not an easy feat. A fraudulent lien is defined in Florida’s Lien Law. Florida Statute s. 713.31(2)(a) states: “Any lien asserted under this part in which the lienor has willfully exaggerated the amount f ...

    Florida Construction Legal Updates- 14 readers -
  • WORKERS COMPENSATION (PART TWO) — STATUTORY EMPLOYER AND CONTRACTORS

    To follow-up on the article Workers Compensation—Tidbits on Construction Projects, the recent opinion in Roof Painting By Hartzell, Inc./Summit Holdings-Claims Center v. Hernandez, 2015 WL 641199 (Fla. 1st DCA 2015) touches upon the application of a statutory employer in the construction context. Here, a contractor was hired to provide pressure cleaning and related services.

    Florida Construction Legal Updates- 15 readers -
  • ATTORNEY’S FEES AGAINST COMMON LAW PAYMENT BONDS

    On sophisticated construction projects (federal, Florida public, or Florida private projects), it is not uncommon for a prime (general) contractor to require that certain subcontractors furnish the prime contractor a payment bond. When the subcontractor furnishes the prime contractor a payment bond, this bond is a common law bond because it is not a bond furnished in accordan ...

    Florida Construction Legal Updates- 12 readers -
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