Part 1 of our series on prime contractors’ liability for the actions of subcontractors published last month. The post covered the “meddlesome employer” doctrine, which makes the prime contractor liable for the subcontractor’s actions if he or she becomes too involved in the subcontractor’s work. The meddlesome employer doctrine is an exception to the rule […]
Florida law is usually friendly to general/prime contractors in a situation where a subcontractor has acted improperly during a construction or renovation project. This liability divide can—and should—be clearly delineated in the contract entered into between the contractor, subcontractor, and project owner. As is the case with many things in construction law, though, there are […]
Premises liability refers to the obligations of property owners and managers to keep their premises safe for third parties who have either explicit or implied permission to be there. This is an important component of personal injury law in Florida and elsewhere in the country (and world). Broadly speaking, there are three types of people […]
Even the most experienced and knowledgeable prime contractors can put together a structure that contains defects. The causes of these defects often have to do with poor designs and blueprints or inferior materials, but sometimes your clients will allege shoddy workmanship on your part. Regardless of the root cause of a construction defect, there are […]
When is a construction project actually “done”? Well, that’s a difficult question to answer. Once the general contractor and subcontractors leave the site, there are still statutes of limitations or statutes of repose that outline the time limits for the project owner to bring a claim. Conversely, there may be a point in which you […]
Even construction projects with the most thoroughly negotiated contracts can sometimes get bogged down in disputes between two or more parties involved in the project. Disputes are more common among parties who are not seasoned construction professionals; however, it can happen to anyone. If, despite your best efforts, your project has been halted due to […]
The vast majority of construction projects — especially for relatively small and simple ones — use one of two project delivery methods: design-build and design-bid-build. Both of these methods have been in existence for more than a century and are widely used by both private and public project owners. We’ll go over some of the […]
Dealing with the government can be intimidating. Many people are frightened of going to the courthouse to deal with traffic citations. Some people pay advisors to do their taxes for them, so they won’t make a mistake and upset the IRS. How many of us enjoy going to the DMV? For construction workers, the Miller […]
Just about any seasoned contractor will tell you which type of construction agreement should be used for a simple job like building a deck adjacent to a one-story house: a lump-sum contract. Also called fixed-price contracts, they’re quite simple: the contractor offers a bid encompassing all expenses for a construction or renovation project, and the […]
Florida is one of a handful of states that requires a Notice of Commencement to be filed at the start of (almost) every private construction project—specifically, ones that have a value of $2,500 or more. Statistically, this condition adheres to almost every private construction project. The NoC is a relatively simple and straightforward document, but […]
There are numerous ways to structure a construction contract. Depending on the expertise of the project owner, the presence of other parties (such as a third-party project manager), the particular goals of the project owner or developer, and many other factors, one project delivery method might be best suited for your endeavor (relative to other […]
It is the rare construction project that actually gets completed on time, with the original, agreed-upon price point. With this knowledge, most project owners, developers, managers, general contractors, and subcontractors are used to adapting to slight changes in timeline and expectations throughout a project. Sometimes, though, a misstep during a construction project is so egregious […]
Even when every safety regulation is followed, construction projects always carry a significant amount of inherent risk to laborers who make the structure happen. For this reason, workers’ compensation policies are a must-have for any company involved in the construction industry. One issue that comes up with workers’ comp claims stemming from an accident on […]
When beginning a construction project, there are several approaches to drafting and agreeing on contracts that will give structure to the overall undertaking. A unique, specialized contract is sometimes necessary for larger projects with a significant number of involved parties. In other situations, it sometimes makes sense to use standardized contracts that come from an […]
Construction projects are often highly technical, and disputes arising from work done on a project can be somewhat difficult for a judge to settle due to their technicality. To alleviate this and other issues regarding construction legal claims, Florida law provides for a pre-suit dispute resolution process in Chapter 558 of the Florida Statutes. It […]
Written by: Nicole M. Garcia A construction contract has two key components: the scope of work, and the price. A detailed scope of work is crucial for project costing. It is rare to come across a construction project that is completed exactly as planned and promised in the original contract. Thus, even the simplest construction […]
Construction projects look radically different than they did even a decade ago, and they will continue to evolve as developers, contractors, designers, and other parties innovate to make projects go more efficiently. One of the recent developments over the past few decades has been the increased amount of collaboration between parties involved in a construction […]
The real estate property market is currently under severe strain currently due to the forced shutdowns of all non-essential business in Florida due to the COVID-19 outbreak. As the crises looms, the Federal Reserve could eventually relax some regulations to allow forbearance on loans. Currently, it is up to the lenders, property owners and tenants […]
Written by: Nicole M. Garcia, Esq. “Whatever good things we build end up building us“ – Jim Rohn Currently, we are facing constant rapid changes on a daily basis in our personal and professional lives due to the COVID-19 pandemic. It seems this virus is forcing us to think outside of the box, evaluate and […]
Written by: Nicole M. Garcia, Esq. Construction bonds are a type of surety bond (used by investors to fund construction projects) that protect against disruptions or financial loss due to a contractor’s failure to complete a project or failure to meet contract specifications. There are many different types of bonds required under Florida law for any construction project. […]
