In Florida, persons and entities that perform work on a construction project may be entitled to record a construction lien. Chapter 713 of the Florida Statutes governs the recordation and perfection of construction liens and contains many traps for the unwary. Moreover, Florida courts have consistently ruled that Florida Construction Lien law is to be
Construction Industry Legal Blog
Blog Authors
Latest from Construction Industry Legal Blog
A Contractor’s Perspective on the Initial Decision Maker in Construction Contracts
In the ever-evolving realm of construction contracts, navigating the contractual dispute resolution procedures can pose significant challenges for contractors. Since the 2007 revision to AIA contract forms, the so-called Initial Decision Maker (IDM) process has become more common and is presenting new challenges for contractors. Thus, a basic understanding of the IDM process is essential…
4 Tips for Drafting a Fair and Balanced Subcontractor Agreement
Having a well-drafted subcontractor agreement is crucial for identifying the responsibilities, rights, and expectations of the contractor and a subcontractor when working together to complete a project. Here are four essential tips to consider when drafting your subcontractor agreement:
Tip #1: Payment Rights
The subcontractor agreement should clearly outline the payment schedule for the subcontractor.…
Are Florida Conditional Payment Bonds Really Conditional?
Florida construction projects may or may not be protected by payment bonds, depending on the type of project and what the contract documents require. Payment bonds serve to protect the real property from construction liens when persons and entities are not paid for their work on a construction project. There are different types of payment…
Contractors Beware: The Importance of Due Diligence in Construction Contracting—A Lien Rights Horror Story
In the world of construction, contracts form the foundation for successful projects, and most contractors understand the importance of negotiating their contract terms. However, many contractors underestimate the importance of due diligence when entering into an agreement. By “due diligence,” I mean looking outside the language of your contract to analyze the property and project…
Construction Shop Drawing Review and Approval – Who Owns the Risk?
Shop drawings play a vital role in construction projects. Comprehensive construction contracts may define shop drawings to include diagrams, illustrations, schedules, and other data or information that are prepared or assembled by or for the contractor to illustrate some portion of a parties’ scope of work. Construction contracts may also include language as to the…
Florida Construction Contracts: Six Key Risk Shifting Provisions
Whether you are a Florida general contractor, subcontractor, vendor or supplier, there’s likely going to be a contract that articulates the parties’ respective rights and obligations. A well-drafted construction contract should include essential terms like payment, scope of work, and risk shifting provisions.
This blog focuses on six key risk shifting provisions that should be…
Overview of Disruption Claims on Construction Projects
Construction projects are complex endeavors that involve numerous variables, from planning and design to execution. Even with the best planning, unforeseeable events can still occur that cause disruption to the contractor’s plan for performance of the work. These disruption events can be costly to the contractor, even if they do not result in a delay…
New Florida Statute Changes Retainage and Prompt Pay Requirements on State and Local Government Construction Projects
On May 25, 2023, Florida Governor Ron DeSantis signed into law Senate Bill 346 (“SB 346”), which makes substantial changes to Florida construction law regarding prompt payment and retainage requirements on contracts between state and local governments and construction contractors on Florida construction projects for these governmental entities. These changes, which will be effective beginning…
Florida Construction Lien and Bond Law: Changes are on the Horizon
Florida construction lien and bond law is an ever-evolving statutory creature. Chapter 713 (pertaining to construction liens) and Chapter 255 (pertaining to public project bonds) of the Florida Statues should be reviewed regularly. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 713.01 and Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 255.05
Recently,…