Recent Blog Posts
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 »
How Does “Common Law Indemnification” Work in Construction Lawsuits?
Many construction contracts contain indemnification clauses. Such clauses can shift the legal responsibility for any damage arising from defective construction from one party to another, such as from a general contractor to a subcontractor. But even in the absence of such agreements, there are situations where Florida common law may provide for indemnification of… Read More »
Louisiana Court Continues to Resolve Claims from Defective Chinese Drywall Litigation
Florida residents are no strangers to major hurricane activity. Unfortunately, the destruction of a major storm often requires the rebuilding of thousands of homes. While this short-term housing boom is great for contractors, it can also place enormous strain on the supply chain. Between 2004 and 2006, the devastation of Hurricane Rita and Hurricane… Read More »
Do You Know What Your Commercial General Liability Policy Actually Covers?
In any construction project, a general contractor will take out a commercial general liability (CGL) policy to insure against known risks. But do you actually know what your CGL policy covers? You might assume that certain common risks are covered, but the plain language of the insurance contract may say otherwise. Michigan Court Upholds… Read More »
