Recent Blog Posts
OSHA Issues New COVID-19 Guidance to Construction Industry
Florida’s construction industry remains open during the COVID-19 pandemic. But many contractors and subcontractors are still in a state of limbo when it comes to proceeding with individual projects. “Social distancing” is not always a practical alternative for a job site. And construction firms are understandably hesitant to resume work without clear guidance as… Read More »
When Is a “Fixed-Bid” Contract Not Really a Fixed-Bid Contract?
Most Florida construction contacts are “fixed-bid” or “lump-sum” arrangements. This simply means that the contractor agrees upfront to accept a certain price for their work regardless of the final costs. So if the contractor does experience any cost overruns, they basically have to eat that loss. Project owners obviously prefer lump-sum contracts as it… Read More »
What Is “An Inconvenient Forum” to Hear a Construction Lawsuit?
Many Florida-based contractors work on international construction projects. When taking on such projects, it is important to fully understand the legal implications. For example, if something goes wrong and it becomes necessary to litigate, which country’s courts will have jurisdiction over the dispute? To put it another way, do not assume that just because… Read More »
Florida Construction Firms Under Scrutiny to Comply with Pandemic Restrictions
Construction firms are under increased public scrutiny due to the COVID-19 pandemic. Local authorities have implemented new procedures designed to keep worksites safe. At the same time, the media has become more aggressive in policing potential violations of safety standards. To give an example of the latter, WFTS in Tampa Bay recently published images… Read More »
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 »
