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3 Laws Florida Contractors Should Discuss With A Construction Law Attorney


The construction market continues to boom around Palm Beach County and all of South Florida, with experts predicting that growth will reach 4.6 percent in 2021. Even after a year of pandemic uncertainty and lockdowns, residential construction in particular is expected to soar to a 15.5 percent increase over 2020. Whether you have been in the business for years or are just starting out, the sheer volume of projects could keep your construction company very busy.

As a result, there are certain laws that Florida contractors should generally know to operate a successful business. Some involve the basics that apply to any business, such as employment laws, taxes, and formation. However, certain construction-specific statutes can be overwhelming when your efforts are better invested in running your company. Instead of putting your profits, reputation, and future at risk, get help from a Florida construction lawyer when you face issues with the following laws.

  1. Workers’ Comp for Contractors 

Whereas Florida workers’ compensation laws require most employers to obtain insurance when they employ four or more employees, construction companies are subject to a different mandate. You are required to procure workers’ comp insurance when you have one or more employees, which may include owners-officers. The failure to comply with the law could result in fines, but it could also expose you to liability since employees could sue your construction company directly. 

  1. Florida’s Local Government Prompt Payment Act 

If your company contracts for construction services with a government entity, this law affords you with important protections. The statute includes a formula for calculating when payment is due, and it requires the government agency to pay according to the schedule – or pay interest. One of the most important provisions benefits your company in the event of a dispute, since the government must still pay you for undisputed amounts on time.

  1. Construction Liens 

You should expect that every private project you work on will encompass the construction and mechanics lien process in Florida. The “teeth” of the statute is the various deadlines that affect your company when you are providing labor or supplies as a subcontractor not in privity with the property owner:

  • You must deliver a Notice to Owner within 45 days after first supplying materials or services, which serves to let the property owner of your interest in the project;
  • When you have completed work, you need to file your mechanics lien within 90 days thereafter AND deliver a copy to the property owner within 15 days thereafter; and
  • You have one year to initiate litigation to enforce your lien.

Consult with a Florida Construction Law Attorney Today

This is just a short list of the many statutes that apply to construction projects in Florida, but there are many others that impact your interests as a contractor. You cannot focus on all of the legal issues while still operating a successful business, so allow our team at Linkhorst Law Firm, P.A. to handle the complications. Please contact our Jupiter, FL offices to schedule a consultation with a lawyer today.


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