David Adelstein | Florida Construction Legal Updates When preparing a contractor’s final payment affidavit, I always suggest for a contractor (or anyone in privity of contract with the owner) to identify the undisputed amounts their accounting reflects is owed to ALL subcontractors, etc., regardless of whether that entity preserved their lien rights. If the contractor provided… Continue reading Filling Out the Contractor’s Final Payment Affidavit
Tag: Florida
Construction Defect Claim Not Timely Filed
Todd A. Macleod, Esq. | Florida Construction Law News If construction defect claims are not timely filed, Florida Statutes provide design and construction companies with a formidable defense. As a case in point, a Miami-Dade Circuit Court Judge issued an Order granting summary judgment based on Fla. Stat. § 95.11(3)(c), Florida’s Statute of Limitations governing… Continue reading Construction Defect Claim Not Timely Filed
Delays Caused When Government (Owner) Pushes Contractor’s Work into Rainy/Adverse Weather Season
David Adelstein | Florida Construction Legal Updates There are a number of horizontal construction projects where a contractor’s sequence of work and schedule is predicated on avoiding the rainy season (or certain force majeure events). The reason is that the rainy season will result in delays due to the inability to work (and work efficiently) during the… Continue reading Delays Caused When Government (Owner) Pushes Contractor’s Work into Rainy/Adverse Weather Season
Performance Bond Surety Takeover – Using Terminated Contractor to Complete Work
David Adelstein | Florida Construction Legal Updates When a contractor is defaulted under a performance bond, can its surety hire the same defaulted contractor to complete the work? Stated differently, can the performance bond surety engage its defaulted bond-principal in taking over and completing the same work the contractor was defaulted under? The answer is “yes”… Continue reading Performance Bond Surety Takeover – Using Terminated Contractor to Complete Work
New Mandatory Bond Notice Forms in Florida
Brian A. Wolf and Miles D. Jolley | Smith Currie & Hancock | November 18, 2019 Subcontractors and suppliers must now use new, statutory notice of nonpayment forms to preserve payment bond claims, and sign each notice of nonpayment under oath. The State of Florida instituted changes to the statutes governing public-project payment bonds (section… Continue reading New Mandatory Bond Notice Forms in Florida