Recent Blog Posts
Why Every Florida Construction Contractor Needs to Be Honest When Obtaining Workers’ Compensation Insurance
Every Florida construction firm needs to carry workers’ compensation insurance, even if they have just one employee. This is a much stricter rule than applies to most Florida businesses. Non-construction businesses are only required to carry workers’ compensation insurance if they have at least four employees. In addition, the general contractor on a construction… Read More »
What Florida Construction Contractors Need to Know About the Legal Risks of COVID-19
The ongoing COVID-19 pandemic has thrown much of Florida’s construction industry into chaos. Some localities have ordered projects to suspend, while others continue. And even for those projects still going, there are mounting delays as subcontractors and suppliers struggle to keep going. If you find yourself unsure of what steps to take to manage… Read More »
Can Florida Construction Sites Remain Open During the COVID-19 Pandemic?
The Miami-Dade order specifically declares “[c]ontractors and other tradesmen,” as well as “[o]pen construction sites, irrespective of the type of building,” to be “essential” services that can remain open during the COVID-19 emergency. Additionally, businesses that provide “support or supplies necessary to operate” for contractors and construction sites can remain open, provided they do… Read More »
SeaWorld Faces Construction Liens from Unpaid Contractors
The COVID-19 pandemic continues to have ripple effects on Florida’s construction industry. As more businesses have been forced to close due to government orders–not to mention, a lack of revenue–contractors, subcontractors, and suppliers will increasingly find themselves having to deal with unpaid invoices. In many cases, construction firms have already had to file mechanics… Read More »
Understanding Recent Changes to Florida’s Construction Bond Laws
For most private and public projects, general contractors purchase a construction bond. Indeed, Florida law requires such bonds for all public construction contracts exceeding $100,000. The bond serves to guarantee that all subcontractors, workers, and material suppliers are paid. This is especially crucial with respect to public construction projects, as these parties cannot place… Read More »
Florida Contractor Pays D.C. Government $2.75 Million to Settle Misclassification Lawsuit
A perennial issue in construction law is the proper classification of workers. Whether or not a given worker is an “employee” or an “independent contractor” has substantial legal consequences. Employees are typically more expensive, as the employer is required to pay for a share of an employee’s Social Security and Medicare taxes, comply with… Read More »
When Is “Summary Judgment” Appropriate in a Construction Lawsuit?
When a construction delay or dispute ends up in litigation, the process can often take many months or years to resolve. There are certain legal processes in place that can help expedite matters. For example, after the parties to a lawsuit have completed their discovery, either side may ask the judge to grant “summary… Read More »
COVID-19 AND RESULTING DELAYS IN CONSTRUCTION
R. Scott Clayton, Esq. and Adam C. Linkhorst, Esq. In late February 2020, Covid-19 reached the shores of the United States and what has followed has been an unprecedented effort at “social-distancing,” resulting in abrupt decreases in commerce, including the closing of restaurants, beaches, and other non-essential services. This slowdown will certainly impact the… Read More »
Construction Liens and Deficiency Judgments
When a contractor or subcontractor does not get paid, there is likely to be a legal proceeding involving a construction lien. The unpaid contractor who holds the lien may foreclose on the property. And even then, they may still go after the project owner or general contractor for any remaining unpaid balance. Unpaid Subcontractor… Read More »
COVID-19 Update
In response to the health crisis associated with COVID-19, Linkhorst & Hockin, P.A. has implemented a strong business continuity plan and we are pleased to advise that our staff are presently working remotely. We are certain that this will allow for continuous client service and continued assistance to the legal community. Accordingly, our firm will… Read More »
