Tag: general-contractor
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Florida Law Violated by Construction Liens from Popular Lien Processing Service
1. The construction lien was found to have irregularities and failed to meet the basic requirements of Florida’s Construction Lien Law. 2. The signatory of the lien claimed to be the agent of the lienor, but the Court saw through the charade and pointed out that the purported agent could not spell the lienor’s name…
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“Skills a General Contractor Can Use in Florida”
– Florida Construction Licensing is regulated by Chapter 489, Florida Statutes, which includes restrictions on the scope of work allowed for each license. – A Certified General Contractor in Florida is authorized to enter into contracts to build anything in the state, but may have restrictions on self-performing certain types of work. – Section 489.113,…
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Don’t Stress About Personal Liability as a Qualifying Agent in Florida
1. The Florida Supreme Court ruled that a qualifying agent has a duty to supervise a contractor’s construction projects. 2. However, the failure to meet that duty does not give rise to a private cause of action against the agent. 3. The case of Murthy v. N. Sinha Corp. established that the qualifying agent is…
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Building or Renovating a Home in Florida: What High Schoolers Need to Know
1. In Florida, every contractor must be licensed in the state before working on a home building or remodeling project. 2. There are different types of contractor licenses, such as certified or registered, and they are regulated by the Florida Department of Business and Professional Regulation. 3. It is important to check a contractor’s license…
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General Contractors Can Pursue Triple Damages Against Unlicensed Subcontractors in Florida
– Unlicensed contracting is a crime in Florida. – Florida Statutes provide special civil remedies for those harmed by unlicensed contracting, such as treble damages and attorney’s fees. – General contractors can also obtain these civil remedies if they are harmed by their unlicensed subcontractors. – In the case of Home Construction Management, LLC v.…
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Upcoming Changes to Florida Construction Laws
1. Florida construction lien and bond law is constantly changing and should be reviewed regularly. 2. Recent amendments to Florida lien and bond law will take effect on October 1, 2023. 3. The amendments to Florida Statute 255.05(2)(a)2 will better protect bond claimants who were not provided with a copy of the bond. 4. The…
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“Laws for Business Licenses in Your Area Until 2023”
1. The subcontractor did not have a required local license for specific aspects of the work performed, leading the general contractor to argue that the subcontractor was unlicensed. 2. The subcontract included a clause requiring compliance with all federal, state, and local laws, which included local licensing requirements. 3. The general contractor sought to recover…
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Florida Inverse Condemnation Claims: What High School Students Need to Know
1. Inverse condemnation claims are brought by private property owners when the government’s actions result in a taking of the property without full compensation. 2. Examples of takings that can result in an inverse condemnation claim include physical invasions of property, regulatory takings, or other government conduct that takes real property. 3. Some cases in…
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Understanding Contingent Payment Clauses in Florida Construction Contracts
1. Contingent Payment Clauses (CPC) are common in construction agreements, especially subcontracts. 2. Florida law regarding CPC is complex and varies from other states. 3. To enforce a CPC in Florida, specific and express terms are required in the construction agreement. 4. Courts routinely strike down vague language in CPC, so it’s important to clearly…
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Florida 2019 Law: Local Governments Must Be Open About Permit Fees.
1. House Bill 127 aims to improve transparency and efficiency in local regulations when doing business at the local level. 2. It requires local governments to provide clear information on the types of permits and authorizations needed for construction work, as well as the associated costs. 3. The bill has received unanimous support from both…
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Florida’s Construction Lien Law: What High School Students Need to Know
1. The definition of “Contractor” in Florida’s lien law now includes construction managers, allowing them to have lien rights. 2. The term “finance charge” has been clarified in the law to include additional amounts specified in a credit agreement or contract. 3. New notice of termination requirements now differ depending on whether the contractor has…
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Understanding Contractor Negligence in Florida Construction Problems
1. Construction defects in Florida can cause water leaks, mold intrusion, and disruptions to everyday life. 2. Typical sources of water intrusion include roofs, windows, sealant failures, stucco failures, and balconies. 3. Negligence is one possible cause of action that a victim of construction defects can assert against contractors in Florida. 4. To prove negligence…
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Construction Projects in Florida: What You Need to Know about Bonds and Claims
1. Florida law requires parties without a contract with the general contractor on a public project to serve a notice to contractor within 45 days of starting work, stating an intention to claim on the payment bond. 2. After completing work, these parties must also serve a notice of non-payment within 90 days to the…
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“Becoming a Certified General Contractor in Florida”
– The construction industry in Florida is experiencing a period of growth. – In Florida, individuals are granted construction licenses rather than corporations. – Applicants for certified licenses must complete the Florida contractors’ examination. – Division I contractor examinations are made up of three parts: contract administration, project administration, and business and finance. – Division…
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Understanding Payment Terms in Construction Contracts: What You Need to Know as a High School Student
1. Pay-if-paid and pay-when-paid provisions are heavily negotiated in construction contracts and can significantly impact payment obligations between contractors, subcontractors, and suppliers. 2. Pay-if-paid clauses can shift the payment obligation from the contractor to the subcontractor, making it contingent on the contractor receiving payment from the owner. 3. Pay-when-paid clauses may delay payment to the…
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Avoid Arbitration in Your Contract!
1. For larger construction disputes, the cost of arbitrators is relatively small compared to the amount in dispute, making it worth the extra cost to have arbitrators with significant construction experience. 2. Small disputes may not justify the expense of paying an arbitrator, leading to claimants being discouraged from prosecuting their claims. 3. It may…
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Exceptions to Being Served with a Notice to Owner in Florida
1. Notice to Owner is required for subcontractors and material suppliers in Florida in order to protect their lien rights. 2. The purpose of the Notice to Owner is to inform the Owner that the subcontractor is providing labor, services, or materials for the improvement of the property. 3. Failure to timely serve a Notice…
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Understanding Florida’s New Private Project Payment Bond Claim Requirements
1. The 2019 Florida Legislature made significant changes to the payment bond claim requirements on private projects under section 713.23, Florida Statutes. 2. These changes become effective on October 1, 2019, and it is important for subcontractors, suppliers, and laborers to understand the new requirements to ensure they comply and do not lose their right…