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Arbitration3

The Basics of Arbitration and Mediation in the Construction Industry

By Linkhorst & Hockin, P.A. |

When a dispute arises from a construction contract, litigation is often not the first option to resolve the matter. Many Florida construction contracts contain arbitration or mediation agreements. These are types of private dispute resolution that, if successful, address a dispute in a quicker and more effective manner than a traditional civil lawsuit. How… Read More »

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ConstructionLaw3

How Does Interest Work on a Florida Construction Lien?

By Linkhorst & Hockin, P.A. |

No Florida contractor wants to file a construction lien. But sometimes this is a necessary step to receive payment from a delinquent homeowner. And if it becomes necessary to foreclose on a construction lien, it is critical for you as the contractor to carefully understand the terms of your contract with the delinquent property… Read More »

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Litigation2

What are the Legal Rights of a Project Owner or Surety in the Event of a Construction Default?

By Linkhorst & Hockin, P.A. |

Surety bonds play an essential role in Florida construction projects. The surety guarantees the performance of a general contractor in completing a project under the terms of its contract with the owner. In the event of default, the owner can terminate the contract and demand satisfaction from the surety. Court: Surety Allowed to Retain… Read More »

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Legal16

How Abandoning a Construction Project Can Affect Your Coverage Under a CGL Policy

By Linkhorst & Hockin, P.A. |

Defective construction claims can prove costly for a Florida contractor. To help guard against such claims, contractors take out commercial general liability (CGL) insurance policies. But having a policy is no guarantee that the insurer will defend against a defective construction claim. Consider a federal appeals court decision from earlier this year, Southern-Owners Insurance… Read More »

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ConstTable

Understanding Florida’s New Laws on Construction Fraud

By Linkhorst & Hockin, P.A. |

If you do business as a contractor in Florida, you will inevitably get into disagreements with homeowners. Such disputes can easily escalate into legal action if they are not dealt with promptly. And thanks to a recent change in Florida law, contractors need to take seriously the possibility of criminal prosecution if they fail… Read More »

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Litigation5

Understanding the 4 Types of Construction Delays

By Linkhorst & Hockin, P.A. |

In every profession there are events that may lead to delays. But construction delays can prove especially costly. A construction project involves a complex network of owners, developers, contractors, subcontractors, and suppliers. A delay on the part of any of these parties can hold up an entire project for months or even years. And… Read More »

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ConsContract3

When Is “Impossibility of Performance” a Defense to a Breach of Construction Contract Claim?

By Linkhorst & Hockin, P.A. |

Many construction contracts contain language specifying completion of the project within a certain timeframe. But as we all know, there are many factors that can make even the most generous construction schedule impossible. So when does Florida law actually recognize “impossibility of performance” as a defense to a breach of contract claim? Impossibility Is… Read More »

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WC_6

What Is an Owner’s Liability for Injuries Sustained by a Subcontractor’s Employees?

By Linkhorst & Hockin, P.A. |

A construction project typically involves a property owner who hires a general contractor. The general contractor, in turn, hires various subcontractors to perform specific tasks. The contractor and sub-contractors then hire and supervise their own employees on the project. As a general rule, if an individual employee is injured they cannot seek damages against… Read More »

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ConstructionLaw4

How Florida Law Protects Builders from “Stale” Defective Construction Claims

By Linkhorst & Hockin, P.A. |

It is not uncommon for Florida builders to receive complaints from dissatisfied customers over an alleged defect in their new home. But Florida law does impose certain time limits on defective construction claims. Specifically, there is a 10-year statute of repose on any lawsuit based on the “design, planning, or construction of an improvement… Read More »

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Construction3

When Can a Contractor Be Sued for “Attractive Nuisance”?

By Linkhorst & Hockin, P.A. |

Construction sites are dangerous places for people who lack the proper training. This especially includes children. And conversely, children pose a legal risk for construction companies should they injure themselves at a job site. Under normal circumstances, a property owner or contractor cannot be held liable for injuries sustained by “trespassers.” In other words,… Read More »

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