Unlicensed contracting is a crime in Florida. Section 768.0425 provides that a consumer (typically a homeowner) harmed by an unlicensed contractor is entitled to treble damages and attorney’s fees. In Home Construction Management, a general contractor sought the civil remedies under §768.0425 against its subcontractor for disgorgement and treble damages. Home Construction Management, LLC v. Comet, […]
Hiring a contractor to perform serious renovation work on your home can be an unnerving prospect for many people. You want to ensure that you are getting the best work at a fair price, but if you choose a bad or unscrupulous contractor you will probably get neither. A poor job by a contractor could […]
In construction defect claims, various insurance policies are often implicated. In Florida, there are multiple triggers for determining whether property damage occurs during a policy period. One trigger is manifestation (which commences from the date of discovery or the date a reasonable inspection would show discovery of the damage) and another trigger is injury-in-fact (the […]
By definition, a construction defect is a condition that reduces your home’s value. There are two primary categories of defect: “patent” defects, which can be spotted right away, and “latent” problems that don’t appear until years after your home was built. What causes defects? These problems typically occur if inferior materials were used or the […]
When you’re a subcontractor searching for work, knowing what general contractors look for in the people they hire will give you a major competitive edge. To improve your chances of winning more jobs, keep these three important tips in mind. Tip #1: Know your strengths When bids come in for subcontracting jobs, the general contractor […]
Generally the terms of a construction contract are always upheld in court, as the parties both agreed to such terms. However, in Love’s Window & Door Installation, Inc. v. Acousti Engineering Co., Florida’s Fifth District Court of Appeal ruled on not enforcing a contract’s venue selection clause. In the multi-party suit, which commenced in Osceola […]
Florida House Bill 501 seeks to reduce the statute of repose from 10 years to 7 years for construction claims. HB 501 was introduced to the house in January 2015. If approved, HB 501 will take effect on July 1, 2015. This can vastly change construction law in Florida as a statute of repose bars […]
Building your dream home is supposed to be one of life’s most exciting moments, and with careful planning and attention to detail, it can be. But if you start the project without knowing in advance what will and won’t work for you, or cut corners where you shouldn’t, the result could turn the dream into […]
You’re ready to build your dream home – or you think you are. You probably know exactly how many rooms you want to have and what their purpose will be, but have you thought through all of the key details? Poor planning and badly managed budgets can cause far-reaching problems, so you need to approach […]
The litigation process can be contentious, stressful, and expensive. The time needed to get to trial and obtain a resolution often exceeds the time spent completing a construction project, and litigation drains the energy and attention of all participants from the project or job at hand. Similarly, professional reputations are damaged or lost in an […]
It’s often said that with large construction projects, delay-related disputes are inevitable. Situations that are beyond the control of the contractor(s) do arise and cause delays, but the tips below will minimize the risk of a project dragging on past its originally projected completion date. 1. Complete the submittal process on time. Paperwork can and […]
Building your dream home on a budget is possible. It takes discipline and a willingness to make the right choices, but in the end you’ll have a house you love and can afford. This article explores five tips for building your dream home on a budget. They’re simple, don’t call for a lot of sacrifice, […]
Getting a construction loan can be difficult, but the good news is that it doesn’t have to be. The right approach and advance preparation can result in the approval you’re looking for. New home sales are on the rise, putting construction loans in great demand as homebuilders try to cash in on the limited supply […]
As a contractor, the last thing that you want to deal with is a legal dispute or a lawsuit. In this blog entry, we identify four ways you can take action to protect yourself and your business: Only take a construction job that you thoroughly understand and know you can handle. This is of key […]
In the construction industry, contracting parties have the freedom to agree to whatever method to determine the amount of compensation for the amount of work performed on a contract. This article will discuss the general types of methods of compensation for contractors, which are: lump sum contracts, measurable or re-measurable contracts, and cost plus contracts. […]
Your next real estate investment needs to be thought out carefully. Taking the plunge into an unknown opportunity is far too risky, particularly here in South Florida, as many investors have learned the hard way over the last decade. To improve your chances of success and maximize your working capital, it’s important to do your […]
A construction defect is a condition that lowers the value of a home, condominium, or similar property. This defect can be in workmanship or design, or be connected to land movement. There are two principal defect categories that allow homeowners or homeowners’ associations to recover damages: Defects in materials, workmanship, and design: This category includes […]
Whether you are the contractor or the owner in a construction project, having a good contract in place before any work is started is absolutely essential. It will help to make sure everyone is on the same page so there is no confusion or miscommunication. It can also help to minimize the risk of litigation […]
Most contractors know that one of the biggest complications for their business isn’t related to finding or completing work, but rather litigation. Whether the customer wasn’t clear on what they wanted, or they are just looking to take advantage of a situation, the costs of litigation can cause major problems for any contractor or construction […]
If you need to hire a contractor to build a new office building, condo or other structure, it is important to ensure you have the right contracts in place. It can be difficult to get everything done properly because most people don’t work with these types of contracts very often. This gives the contractors, who […]
