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Florida Appeals Court Holds Tampa Violated State Redevelopment Laws By Offering Building Without Public Notice or Bidding

By Linkhorst & Hockin, P.A. |

Florida law authorizes local governments to designate “Community Redevelopment Areas” (CRAs) when certain conditions exist. The local government appoints a Community Redevelopment Agency to oversee the CRA, which in turn is responsible for developing and implementing a redevelopment plan for the area. If the local government subsequently wants to dispose of any real estate… Read More »

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Is Your Liquidated Damages Clause Enforceable Under Florida Construction Law?

By Linkhorst & Hockin, P.A. |

Florida construction contracts encompass numerous provisions, from the basic payment terms conditions and scope of work to specific conditions and the schedule to which the parties agree. While any section can be vague or confusing, it is the liquidated damages clauses that quite often lead to conflicts and disputes. This is due to the… Read More »

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Seek Legal Advice Early to Resolve Florida Construction Disputes

By Linkhorst & Hockin, P.A. |

A Florida construction project involves numerous steps and requires multiple parties to achieve the end result, including contractors, subcontractors, property owners, and other stakeholders. As a result of these various stages and interconnected relationships, it is possible – and even probable – that disputes will arise over the details. As a contractor, your natural… Read More »

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When the Contracting Process Is Corrupted: Dealing with Bid Rigging in the Construction Industry

By Linkhorst & Hockin, P.A. |

Losing a bid is something that happens to every Florida contractor or subcontractor. In most cases, the bidding process itself was conducted fairly and in accordance with the law. But there are situations where contractors may engage in improper–and illegal–bid rigging. Such actions can have serious consequences for both the companies involved as well… Read More »

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Piercing the Corporate Veil: When Can a Subcontractor Go After the Personal Assets of a General Contractor’s Owners?

By Linkhorst & Hockin, P.A. |

Even small construction contractors in Florida typically do business as a corporation or limited liability company (LLC) in order to take advantage of limited liability protections. Put simply, the business entity is liable for any debts owed by the business, as opposed to the individual owners or shareholders. Only under limited circumstances will a… Read More »

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Does a Construction Arbitration Agreement Bind Everyone Who Lives in the House?

By Linkhorst & Hockin, P.A. |

It is not unusual for the purchaser of a new home to accuse the builder of defective construction. Such claims, of course, can lead to expensive and time-consuming litigation. One way to mitigate against such risk is by including a mandatory arbitration clause in the purchase agreement. Federal law strongly favors the enforcement of… Read More »

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Does a Residential Building’s Insurance Policy Cover Injuries Sustained by Construction Workers?

By Linkhorst & Hockin, P.A. |

When a construction worker is injured on the job site, it can trigger a chain reaction of legal disputes over who is responsible for coverage. While workers’ compensation normally covers the contractor’s liability, the worker may still attempt to bring claims against other parties, including the project owner. And this in turn can lead… Read More »

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How Copyright and Trademark Claims Can Affect a Florida Construction Project

By Linkhorst & Hockin, P.A. |

Intellectual property issues are often overlooked when it comes to construction. Yet copyrights and trademarks often play an essential role in Florida construction projects. For instance, architects frequently claim intellectual property rights in the designs they create for project owners and general contractors. So if a design is used or altered without respecting these… Read More »

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ConstrLitig

No Good Deed Goes Unpunished: Florida General Contractor On the Hook for Injuries Sustained by Church Employee on Pro Bono Job

By Linkhorst & Hockin, P.A. |

Under Florida workers’ compensation law, a general contractor is responsible for injuries sustained not only by its own direct-hire employees, but also any employees of a contractor or sub-contractor engaged in “contract work” on the same project. As far as the law is concerned, the general contractor is the “statutory employer” of everyone hired… Read More »

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Understanding the Rules for Serving a Mechanic’s Lien in Florida

By Linkhorst & Hockin, P.A. |

A mechanic’s lien is often a contractor’s most important legal tool for ensuring payment from a project owner. These liens must be filed and served in strict compliance with Florida law. Even an honest oversight or mistake may lead a judge to void an otherwise valid lien. An August 12 decision from the Florida… Read More »

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