Why You Should Never Hire An Unlicensed Contractor In Florida
The construction industry is tightly regulated in Florida, mainly to protect the safety and well-being of the public and the integrity and reputation of the industry. Professional construction licenses help maintain control and standards. The requirement for contractors to have the necessary qualifications, experience, insurance, and licenses is a [...]
What Is Notice of Commencement in Florida?
A Notice of Commencement (NOC) is a legal document that signals the start of a construction project in Florida. This document is a mandatory legal requirement for any constriction project valued at $2,500 or more in Florida. The Notice of Commencement must: Inform all relevant participants about the start [...]
What You Need to Know About Residential Construction Claims in Florida
During residential construction projects in Florida, disputes of many types may arise. If these are not settled during initial discussions, homeowner claims against construction contractors can be imitated. The claim is usually due to the party seeking compensation (or other relief) because of work that does not meet the [...]
Types of Construction Contracts Recognized in Florida
Florida construction contractors have been busy in recent years, which is great news for profits. However, with many contractors accepting numerous residential, commercial, and industrial projects, it can become confusing when having to manage different contract types. Understanding what the legal rights and obligations specific to each type of [...]
Understanding the Operation and Enforcement of the Florida Construction Lien Law
The Construction Lien Law in Florida authorizes parties who provide labor and materials for construction contracts, and professional service providers, such as architects, landscapers, engineers, interior designers, and land surveyors to file a lien as security for payment. The law also protects the property owner from paying a general [...]
Filing a Complaint Against a Contractor in Florida
Construction contracts in Florida should clearly outline the rights and responsibilities of each party during a building project. Generally, most eventualities are covered by a well-drafted contract, but contractor disputes do sometimes arise. A property owner may be unsatisfied with a contractor’s work, professionalism or adherence to the terms [...]
Top 10 Issues with Construction Contracts
The construction industry is full of risk. This can be seen in how each party handles the risks they are assigned by contract. It also affects you as an investor or lender. If your loan goes south due to missed deadlines and budget overages! Construction loans typically carry higher [...]
What You Need to Know About Construction Litigation in Florida
Construction disputes are relatively common within Florida’s construction industry, which remains robust and flourishing. Disputes can lead to construction litigation, a complex legal process that can become quite daunting for property owners, contractors, subcontractors, or whichever parties are involved in the dispute. It’s important to understand what’s involved in [...]
Mechanic’s Liens on Your Title in Florida
If a mechanic’s lien is placed on title in Florida, it means that the property owner cannot sell or refinance the home. It’s essential to understand why a mechanic’s lien may be placed on a home, what you can do to remove it, and how to avoid the potentially [...]
What is Substantial Compliance in Florida?
“Substantial compliance” is a term frequently used in contract law in Florida and other states. Under Florida construction law, the term generally refers to a situation where work has been completed to a good enough standard to not constitute a breach of contract. For construction projects, there is a [...]
Common Causes of Commercial Real Estate Disputes in Florida
Preventing real estate disputes should be a priority in every commercial construction project but even the most professionally drafted contracts can run into issues. Legal disputes can be tough for both budgets and timescales of construction projects. Disagreements should be dealt with promptly and workable solutions found, with litigation [...]
Remedies for Breach of Contract in Construction Law
The signing of contracts is a basic element of construction projects, and contract breaches occur when one of the parties partly or wholly fails to fulfill the obligation(s) described in the contract. With construction projects, the stakes are generally high and contracts can be lengthy and complex, so a [...]
Bid Protests, Bid Disputes & Public Contracting in Florida
With the high stakes at play in public construction contracts, bid protests and disputes are relatively common among contractors in Florida.Bidding is critical to the success of a construction business and being adversely affected by an erroneous, unfair, or biased decision can impact the financial security of contracting companies.If you [...]
What are Some Common Disputes in Commercial Construction?
When a commercial construction contract is signed, everybody hopes that the project will be completed as planned — on time and within budget. But the inherent complexities in construction projects mean that few proceed without some hiccups — and, in the worst cases, full-blown disputes arise. Contractors, subcontractors, material [...]
Construction Escrow: What Contractors & Suppliers Need to Know
Escrow is a legal arrangement in which a third party temporarily holds funds until particular conditions have been met. Construction escrow accounts are often set up by lenders and project managers to hold money designated for construction projects. Construction projects of all sizes in Florida usually involve many stages, [...]
What is the Function of a Lien Waiver in Florida Construction Law?
Construction lien waivers are legal documents that are typically used in construction projects to release the right to file a construction lien against a property in exchange for payment or other considerations. In Florida, any party to a construction contract can waive lien rights for services, materials, and labor. [...]
DeVos Family Foundation Donates $95K to Harbor House to Combat Domestic Abuse with Family Justice Center
Harbor House of Central Florida, a nonprofit that helps domestic abuse survivors, has received a donation of $95,000 from the DeVos Family Foundation. This donation will enable Harbor House to establish the Family Justice Center, which will provide wraparound services for families seeking services under one roof. This initiative is [...]
5 Ways to Improve Collaboration in Construction
With the increasing complexity of construction projects, effective collaboration has become increasingly critical for completing projects on time and on budget, while still delivering high quality results. Collaboration can lead to innovation, cost savings, and added value for the client, as well as reduced errors and unneeded rework. True collaboration [...]
Types of Construction Delays
Construction delays are a common issue in Florida construction projects. There are a number of different types of construction delays that can occur, and each one can cause significant pain points for contractors, design professionals, and property owners. In this article, we will discuss the different types of construction [...]
The Importance of Construction Lawyers for Contracts
When two or more parties agree to build something together, a construction contract is drawn up to outline the terms and conditions of the project. This document is vital in protecting the interests of both parties, and it's important to have a construction lawyer who can help make sure [...]
Contract Disputes
When you are involved in a construction contract dispute, it is crucial that you get proper legal representation. Contracts are legally binding agreements that need to be understood by all parties involved and when disputes arise, they are difficult to navigate and resolve. At Bennett Legal Group, we have extensive [...]
Coronavirus and Construction Management
While the COVID-19 pandemic continues to impact the construction industry as a whole, construction management needs to organize how they are proceeding as the virus progresses. The geographic location of projects and business operations, like the expansion of the virus itself, is influencing the ongoing impact and resulting conditions for [...]
How Will the Coronavirus Impact the Construction Industry?
Let’s face it, in the span of a few short weeks our lives have changed dramatically. The Coronavirus has begun its spread through the U.S. and is affecting almost every aspect of our lives. To slow and halt its progress, our government has resorted to aggressive measures to not only [...]
Can a contractor cancel a permit in Florida?
Updated: March 2024 Pulling a Construction Permit in Florida It starts innocently enough. A business colleague approaches you and offers an arrangement to pay you a “fee” for each permit you pull for various projects on behalf of the business. This is extra money on the side and [...]
Payment Bond & Lien Filing Deadlines: Terms to Know
If you are in the construction industry, you are probably familiar with payment bond claims and liens and the importance of them in making sure you and your construction or design firm get paid. Missing a deadline for filing a lien or payment bond claim can have severe consequences for [...]
Why Choose Bennett Legal Group?
As you are searching for an attorney, whether for a specific need or for ongoing needs, you may wonder exactly how you should go about choosing the right attorney for you. We would encourage you to look into different firms and find the right one for you – legal work [...]
The Intangible Costs of Litigation and How to Diminish Them
Litigation can be costly. Whether it’s the cost of hiring an attorney, the cost of the settlement or verdict itself, there is little debate that litigating can get expensive quickly. But what about intangible costs? The costs outside of attorney fees and settlement? Many people overlook these costs at the [...]
Florida Adopts the Daubert Standard: New Expert Testimony Standard in Florida
After previously rejecting the Daubert standard in accordance with the recommendation of the Florida State Bar, the Supreme Court of Florida has now adopted the Daubert standard for the admissibility of expert testimony, replacing the Frye standard. This new decision will affect the admissibility of expert testimony in state courts [...]
Business Litigation 101
We have many business clients who come to us facing business-related disputes and are unsure of where to even begin. After all, these are business professionals well versed in their business, not attorneys or lawsuits. We always start by walking our clients through the process but want to give all [...]
Settlements v. Trials – Which is Best?
This is one of the most frequently asked questions we get. Should my case go to trial or should I settle? The answer is – it depends. Each case is different and each client has different considerations to take into account as well as different priorities for the resolution of [...]
Construction Disputes: What is Arbitration?
Many construction projects involve disputes at some point in the process. If you are managing a construction firm, you’ve likely experienced disputes on a number of projects. What happens when there’s a dispute? In some cases, the dispute goes to trial before a judge or jury. But in many other [...]
OSHA Construction Non-Compliance can be Costly
Is your construction firm compliant with all of the OSHA regulations? If not, it could be extremely costly. Fines for OSHA noncompliance can be extremely costly. In fact, in Q4 of 2018 one contractor was fined more than $420,000. Even seemingly minor requirements can cost significant amount of money. [...]
What Will the New Year Bring to the Construction Industry?
With the new year here, are you considering what 2019 will bring to the construction industry? If you’ve been contemplating that question – we have some answers. While we can’t tell the future, we can certainly tell you what is expected for construction in 2019. Dodge Data & Analytics [...]
OSHA’s Most Commonly Cited Violations: Are You in Compliance?
Back in 2015, OSHA began compiling a list of their most-cited safety violations each year. Interestingly, there hasn’t been much change from year to year. 8 of the top 10 this year were on the list last year and 4 – this year’s top 4 – have made the list [...]
Reducing Financial Exposure by 87%
We regularly represent construction and design firms in high-stakes litigation. We represent our clients vigorously and mitigate any potential fall-out from their legal issues. While our goal is always to eliminate any fall-out, sometimes mitigation is what our client needs. Whatever the case, we work with our clients to understand [...]
Is Virtual Reality Creating a Safer Construction Site?
According to OSHA and the U.S. Bureau of Labor Statistics, construction workplace fatalities decreased 17% from 1995 to 2016. What’s shocking, though, is that OSHA citations relating to fall safety quadrupled in that same time frame and fatalities as a result of falls increased from 651 to 849 annually. [...]
Florida Construction Industry Braces for Change: Are you ready?
According to a new survey by the Associated General Contractors of America Management, 67% of contractors surveyed believe the construction industry will change more in the next 5 years than it has in the past 50. The survey, entitled “Managing Risk in the Digital Age” also found that 90% [...]
Is Your Construction Firm Using Drones? Maybe it Should.
Drones are on the rise in the U.S. In fact, they may be on the rise across multiple industries. But the construction and engineering industries are leading the charge – 35% of companies in those sectors have adopted the use of drones in their work. And those firms using drones [...]
Robots: The Future of The Construction Industry
20 years ago, this might have sounded like the name of a sci-fi movie. Today, it’s a realistic prediction of the future. As we type this, there is a robotics company that is working on creating military-grade applications and powered prosthetic limbs. This work is aimed at relieving some of [...]
Are you Protecting Your Roadside Contractors?
Between 2015 and 2016, roadwork construction worker fatalities increased by 7%. The Federal Highway Administration attributes this rise to a few different factors: increased traffic, increased roadside construction projects and distracted driving. While we probably can’t control increased traffic and the increase of construction projects is a positive thing for [...]
Could this new OSHA Rule Affect You in Florida?
The Occupational Safety and Health Administration (OSHA) has recently proposed a rule that may affect your construction business. The rule would affect how to determine the competency of a crane operator and move the burden back towards the employer. Prior to this rule, crane operators were required to be [...]
UPDATE: State of the Construction Industry in Florida
In general, things are looking positive for the construction industry as it continues to grow. According to Dodge Data & Analytics, in December, the value of construction starts was up 12% from the previous month. Overall, 2017 saw an increase of 3% for total starts. Dodge & Data Analytics [...]
Is your Florida Construction Company Prepared for an Audit?
Let’s face it: no one likes to hear the word “audit” in any context. Unfortunately, construction audits are a reality for many construction projects. Audits are most likely seen in projects that involve contracts with a cost-plus-fee, cost-plus-fee with a guaranteed maximum price or time and materials framework. Because [...]
Dealing with Construction Fraud in Florida
Construction fraud is far more common than you think and goes largely undetected. In fact, Kroll's Annual Global Fraud and Risk Report states that 70% of construction companies were a victim of fraud in 2016. In the construction business, fraud can arise in any number of scenarios such as [...]
OSHA’s Revised Silica Rule Now in Effect
After a 30-day compliance extension, the Occupational Safety and Health Commission (OSHA) is now enforcing the provisions of the new silica rule. There are enforcement guidelines that have been provided until the compliance directives are finalized. This rule has been met with both enthusiasm and criticism. Many companies say they [...]
What Impact Will Hurricane Irma Have on the Construction Industry?
This year, the U.S. has seen hurricanes the likes of which we have rarely if ever, seen. Hurricane Harvey did incredible flood damage in Texas, Irma made its way through Florida with high winds and flooding, and Maria has all but decimated the Virgin Islands and Puerto Rico. In Florida, [...]
Tips for a Successful P3 Project
Public-private partnerships (P3s) are becoming increasingly popular. The U.S. government is using these types of relationships more and more for infrastructure projects. Studies show adopting a P3 structure for a project can result in a very positive outcome as opposed to using standard contracting methods. Regardless, government agencies are still [...]
How to Avoid Common Problems with Construction Contracts
When Florida construction companies are looking for work, either as a general contractor or subcontractor, it is important to fully understand the contract before work begins. Usually, when a project is on the table, the focus is the job itself and making sure the client is happy. There are [...]
New AIA Revised Contract A201
The American Institute of Architects (AIA) has published form contract documents for over 130 years, which are commonly used and quite popular. In 2017, their documents were revised and updated. Prior to that, the last revision was in 2007. While there are quite a few documents that have been changed, [...]
How to Not be Victimized by the Latest Internet Fraud Scheme
Beware: The Latest Internet Fraud Scheme Since the dawn of the modern internet, scammers have found increasingly sophisticated ways to defraud the public. “Email Phishing” is a common form internet fraud where a scammer attempts to persuade someone to provide their personal information over the internet. Most probably know that [...]
Multi-Million Dollar Delay
Developed and litigated the defense of an internationally known architectural firm against the multi-million dollar delay and disruption claims of a plaintiff general contractor related to a theme park hotel project. The matter between the architect and general contractor was resolved via confidential settlement agreement. The matter was litigated on [...]
Defense of General Contractor Against Multi-Million Dollar Defect Claims
Developed and litigated the defense of a general contractor against the multi-million dollar construction defect claims of a plaintiff theme park owner related to a hotel/convention center project. The matter between the owner and general contractor was resolved via confidential settlement. We continued to litigate the general contractor’s affirmative claims [...]
Miami-Dade Airport
Developed and litigated the defense of the Miami-Dade County Aviation Authority in a multi-million dollar case for alleged wrongful termination of a construction contract. The contract at issue was related to the expansion of the Miami-Dade County Airport and was litigated in both federal and state court. The matter was [...]
Theme Park Litigation
Developed and litigated the E&O claims of a plaintiff theme park owner against the designers/builders of several attractions. The action involved litigation in various state and federal courts, culminating in an extensive multi-media presentation at mediation with several of the defendant design professionals and their E&O liability carrier.
Delay Claims and Change Order
Developed and litigated the claims of plaintiff restaurant owner against the delay claims and change order claims of general contractor. General contractor’s claims exceeded $1.2 million. The action was arbitrated over a three-week period under AAA rules. The owner’s claim included the use of multi-media presentations of substantive evidence and [...]
Theme Park Prosecution
Developed and prosecuted the claims of a plaintiff theme park owner against the designer/builder of an attraction. The action was arbitrated over a three-week period before an international panel of arbitrators sitting in Toronto, Ontario, Canada under the International Chamber of Commerce (ICC) Rules. The plaintiff’s claims presentation included extensive [...]
School Board and General Contractor
Prepared for trial and mediation the defense of claims by the Charleston, SC school board against the general contractor of a new high school. After handling all aspects of discovery and depositions in the case, the matter was settled at a complex mediation involving 30 parties, 2 mediators and spanning [...]
Welcoming Michelle B. Kane to BLG!
We are pleased to announce that Michelle B. Kane has joined our legal team of Counsel. She has a strong track record and deep legal expertise in the construction industry. Michelle’s addition to the Bennett Legal Group will enhance our ability to serve our clients across the complexities of construction [...]