Payment issues can arise on many jobs. Everything goes smoothly at first, the work is done correctly and then suddenly, payment is delayed. A problem promised to be worked out quickly turns into weeks or months of delays, in some cases through no fault of the company trying to be paid. Disputes with other contractors, managers, project owners or lenders can cause delays, and while the parties try to work things out, the uninvolved and unpaid parties are left twisting in the wind.
Read moreCourt Confirms Where to Send Construction Liens for Valid Service
Under Florida’s construction lien law, a claim of lien must be served on the property owner either before recording or within 15 days of recording. Failure to do so makes the claim of lien voidable to the extent the failure to serve or any delays in service prejudice the property owner. To make this process more nerve-wracking, Florida’s construction lien law also specifies the ways to properly serve a lien and where it can be sent. And a recent court decision confirms whether service is valid when the homeowner refuses to pick up the lien.
Read moreNew Florida Statute Makes it Easier for Engineers in Other States to be Licensed in Florida
Earlier this week, I posted about changes to Florida’s construction licensing scheme brought about by the new Florida Occupational Freedom and Opportunity Act. In addition to impacting building and trade contractors throughout Florida, the act has also altered the reciprocity requirements for engineering licensing, making it easier for engineers in other states to become licensed in Florida.
Read moreFlorida Enacts Changes to Contractor Licensing Requirements
On July 1, 2020, the Occupational Freedom and Opportunity Act became law in the state of the Florida. The Act modifies many existing licensing requirements within the state, across a broad range of professions, from architects to veterinarians. The purpose for the act was to “remove unneccessary barriers for individuals pursuing their professional aspirations.” The biggest practical impact on Florida’s contractors will be new reciprocity provisions within the statute and reduce continuing education requirements for electrical contractors.
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 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 moreTwo Statutes Impacting Contractors Will Not Be Revised For Now
Proposed revisions to two Florida statutes impacting contractors have died in committee. But does this mean more changes are on the horizon?
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