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Category Archives: Construction Law

ConstruPlans

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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Litigation6

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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ConstrDefect

Can a Homeowners Association Sue a Builder Over Alleged Construction Defects?

By Linkhorst & Hockin, P.A. |

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 »

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ConstLiti

What Construction Firms Need to Know About Stopping Racial Harassment on the Job Site

By Linkhorst & Hockin, P.A. |

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 »

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ContractDispute

When Can a Florida Court Look Outside the Terms of a General Contractor’s Insurance Policy to Resolve a Dispute?

By Linkhorst & Hockin, P.A. |

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 »

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ConsContract

What Construction Firms Need to Know About Florida’s New Sea-Level Impact Study Law

By Linkhorst & Hockin, P.A. |

Most of Florida’s population lives near the coastline. This poses special challenges for construction projects as climate change contributes to rising sea levels. To address these challenges, the Florida legislature recently adopted Senate Bill 178, which will require project-based “sea level impact” (SLIP) studies for state-financed construction projects starting in 2021. Why the Legislature… Read More »

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Legal7

What Happens When an Arbitrator or Judge Finds a Construction Contract Is Void?

By Linkhorst & Hockin, P.A. |

A well-drafted construction contract can protect a contractor in the event a client refuses to pay. But what happens when the client commits fraud to obtain the contract in the first place? Is the contract void? And if so, what legal remedies does the contractor have to mitigate their losses? Bankruptcy Court Refuses to… Read More »

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Legal15

Understanding the Limits of a General Contractor or Subcontractor’s Liability Policy

By Linkhorst & Hockin, P.A. |

It is standard practice in the construction industry for contractors and subcontractors to obtain insurance that protects not only themselves, but also the project owner, from legal legal liability arising from their work. But how far does this indemnity extend? For example, is the contractor’s insurance company responsible for damages caused by the owner’s… Read More »

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ConstLaw

Tampa Construction Contractor Fined $100K Following Death of Jobsite Worker

By Linkhorst & Hockin, P.A. |

If you provide construction services in Florida, then you know about the importance of workplace safety. Not only do accidents affect your ability to complete a project on time–they can land you in serious legal trouble with federal and state authorities. And even if a safety violation was not willful or intentional, a judge… Read More »

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