Florida’s 18th Judicial Circuit Court recently granted a motion for summary judgment in favor of a homeowner’s association, concluding that a general contractor who constructed 314 town homes was liable for the building code violations of its subcontractors on the project and could not delegate responsibility directly to them.
Read moreCourt Rules That Changes Made at Site Meeting Could Result in New Contract Between Landscaper, Contract, and Property Owner.
A recent court decision confirms that despite contract clauses precluding unwritten changes, a site visit between a contractor, property owner, and subcontractor could have resulted in a new, second contract between the parties, entitling the subcontractor to payment for additional work. This is a great case that highlights the impact a common site meeting can have on the payment rights of everyone involved.
Read moreCourt Rules Subcontractor Entitled to Payment for Extra Work Due to Ambiguities in Scope of Work Provision
A case decided in Florida last week saw a court side with a site development contractor over a $33.000 dispute based on whether the original contract included certain demolition and replacement of portions of a parking lot due to an imprecise description of work. The court’s ruling does a great job of walking through many of the consideration general contractors and subcontractors need to take into account when starting a project.
Read moreGeneral Contractor May Be Held Liable for Job Site Injury to Subcontractor's Employee
Yesterday, the Second District Court of Appeal reversed judgment in favor of a general contractor, finding that the general contractor was liable for an electrical subcontractors injuries suffered when he fell into an open drain on a second floor stair landing. The case illustrates the importance of job site safety and the specific items a general contractor must take into account when keeping a job site safe.
Read moreRecent Appellate Decision Reverses Trial Court to Award Attorneys' Fees to Subcontractor on $290,000.00 Claim
A case decided last week by Florida’s Second District Court of Appeal illustrates that attorneys’ fees are not guaranteed to any party in construction litigation and that payments by insurance carriers can be taken into account in making a determination as to who is entitled to an award of attorneys’ fees. Given how quickly attorneys’ fees can add up, this is a significant issue contractors should be aware of.
Read moreCourt Confirms That Disaster Recovery Contractor is Required to Litigate Case in County Six Hours Away
A recent decision by Florida’s First District Court of Appeal reaffirms that contractors can be made to litigate disputes in the county where the work was being performed, even if they do not generally have representatives in that county or have a principle location somewhere else.
Read moreCourt Rejects Subcontractors Claims Related to Leaking Windows; Affirms Payment to Window Supplier in Full
A Miami-Dade appellate court recently rejected a subcontractor’s attempts to back-charge a window contractor for damaged windows after the window contractor presented sufficient evidence that the windows were in good condition when they left the fabrication shop.
Read moreElectrician Loses Lien For Failing to Comply with Chapter 713, Florida Statutes
Florida’s Construction Lien laws are a complex web of requirements to establish and maintain a lien on property to secure payment for work you’ve done. Successfully check all the boxes, and you have a powerful tool to ensure you are paid. But make a misstep early in the process—or fail to keep up with the requirements—and your lien can vanish! Recently, an electrician lost its lien for failing to follow through on the lien law requirements through the end.
Read moreRecent Trial Court Decision Confirms Narrow Application of Florida's Private Undisputed Payment Statute
Earlier this year in Bartlett Fiber Inc. v. Optical Telecommunications, Inc, a trial court in Miami-Dade County granted summary judgment in favor of an integrated low-voltage contractor based on a Florida statute requiring certain undisputed amounts to be paid to subcontractors once paid for. The decision confirms the narrow application of section 713.346, Florida Statutes.
Read moreNew Court Decision Confirms That Contractors' Liens Are (Generally) Valid Even if the Notice of Commencement is Defective
Yesterday, Florida’s Second District Court of Appeal confirmed the important of notices of commencement in a decision that clarified the impact of a defective notice of commencement on a contractor’s lien.
Read moreConstruction Lien Waiver Provisions Contractors Should Be Using
It is common in construction for a subcontractor or material supplier of any tier to be required to provide a lien waiver when receiving payment. But not all lien waivers are created equal. While at a minimum, a lien waiver, by definition, needs to include a release of liens, it can also include many other terms that can tie up loose ends or resolve potential problems before they begin
Read moreContractor Liability for Subcontractor Employee Wages
Contractors may also worry about whether a subcontractor is paying its employees a proper wage and if they can be held liable. There are generally two circumstances where this arises and multiple ways general contractors or higher-tier subcontractors can guard against paying twice for a portion of the work.
Read more