Category Archives: Construction Law
When the Contracting Process Is Corrupted: Dealing with Bid Rigging in the Construction Industry
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 »
Piercing the Corporate Veil: When Can a Subcontractor Go After the Personal Assets of a General Contractor’s Owners?
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 »
Does a Construction Arbitration Agreement Bind Everyone Who Lives in the House?
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 »
Does a Residential Building’s Insurance Policy Cover Injuries Sustained by Construction Workers?
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 »
How Copyright and Trademark Claims Can Affect a Florida Construction Project
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 »
No Good Deed Goes Unpunished: Florida General Contractor On the Hook for Injuries Sustained by Church Employee on Pro Bono Job
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 »
Understanding the Rules for Serving a Mechanic’s Lien in Florida
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 »
Can a Homeowners Association Sue a Builder Over Alleged Construction Defects?
On July 16, a Florida homeowners association sued the development’s builder, accusing it of performing shoddy work and refusing numerous requests to fix the “latent defects” in a number of homes. In response, the builder argued in court filings that the HOA lacks the legal standing to bring such claims on behalf of individual… Read More »
What Construction Firms Need to Know About Stopping Racial Harassment on the Job Site
It goes without saying that all Florida general contractors have a duty to maintain a safe working environment for all of its employees and subcontractors. But safety is not just limited to potential physical hazards. There are also human factors that need to be considered. For example, no contractor should ever allow its employees… Read More »
When Can a Florida Court Look Outside the Terms of a General Contractor’s Insurance Policy to Resolve a Dispute?
All Florida contractors know they need to obtain appropriate commercial general liability insurance before starting work on a project. Of course, insurance policies do not cover every potential lawsuit. Insurers carefully craft exclusions to minimize their own exposure and losses. And oftentimes, a contractor may find itself fighting a battle on two fronts: against… Read More »
