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Category Archives: Construction Law

Contractor

Why Every Florida Construction Contractor Needs to Be Honest When Obtaining Workers’ Compensation Insurance

By Linkhorst & Hockin, P.A. |

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 »

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Coronavirus2

What Florida Construction Contractors Need to Know About the Legal Risks of COVID-19

By Linkhorst & Hockin, P.A. |

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 »

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ConstrLaw2

Can Florida Construction Sites Remain Open During the COVID-19 Pandemic?

By Linkhorst & Hockin, P.A. |

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 »

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Construct1

SeaWorld Faces Construction Liens from Unpaid Contractors

By Linkhorst & Hockin, P.A. |

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 »

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ConstructionLaw4

Understanding Recent Changes to Florida’s Construction Bond Laws

By Linkhorst & Hockin, P.A. |

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 »

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ConstructLitig

Florida Contractor Pays D.C. Government $2.75 Million to Settle Misclassification Lawsuit

By Linkhorst & Hockin, P.A. |

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 »

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When Is “Summary Judgment” Appropriate in a Construction Lawsuit?

By Linkhorst & Hockin, P.A. |

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 »

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Legal15

Do You Know What Your Commercial General Liability Policy Actually Covers?

By Linkhorst & Hockin, P.A. |

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 »

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Construction7

Delays on MiamiCentral Project Prompt General Contractor to Sue Project Owners

By Linkhorst & Hockin, P.A. |

Construction delays are never a good thing for any party involved in a major project. Ideally, the terms of the construction contract will specify procedures for handling delays, including granting any necessary extensions of time to deal with unforeseen problems. But even with such processes in place, there may still be disputes–and potentially lawsuits–over… Read More »

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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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