wizard

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So far wizard has created 20 blog entries.
2 Mar, 2019

Appellate Court Applies Significant Issues Test to Deny Both Owner’s and Contractor’s Claims for Attorney Fees

2019-03-03T17:46:47-05:00March 2nd, 2019|Categories: Construction Liens|Tags: |

What you need to know: Where a construction contract itemizes materials, installation, or other costs, a court may find the contract to be “divisible” such that one of the parties may have an enforceable lien for one or more of the items but be in breach as to other items. In lien enforcement actions, the party that prevails in the trial court on the “significant issues” will be entitled to recover [...]

1 Mar, 2019

Owner Relies on Forged Lien Releases, Proper Payments Defense to Defeat Subcontractor’s Lien

2019-03-03T17:26:08-05:00March 1st, 2019|Categories: Construction Liens|Tags: , |

What you need to know: A project owner may rely on a lien release in a subcontractor's name, even though the release was forged by the contractor and the subcontractor did not receive payment. If the owner complies with the requirements of the lien law, its liability for lien claims will not exceed the direct contract price. This is known as the “proper payments” defense. In Continental Concrete, Inc. v. Lakes [...]

20 Jan, 2019

Construction Releases Are Contracts

2019-02-16T11:11:00-05:00January 20th, 2019|Categories: Construction Contracts|Tags: |

In Spectrum Interiors, Inc. v. Exterior Walls, Inc., 2 So. 3d 1093 (Fla. 5th DCA 2009), Spectrum Interiors, Inc. (“Subcontractor”) was a subcontractor that subcontracted the stucco scope of work to the sub-subcontractor Exterior Walls, Inc. (“Sub-subcontractor”). Sub-subcontractor filed suit for non-payment. Subcontractor defended on a release that Sub-subcontractor had given. In the release, Sub-subcontractor represented that it: 1. had been paid in full through September 30, 2003; 2. did not [...]

9 Oct, 2018

Construction Liens are for Work Furnished in Accordance with the Direct Contract

2019-02-16T11:17:39-05:00October 9th, 2018|Categories: Construction Liens|Tags: |

If you are a contractor, Florida’s Construction Lien Law provides lien rights for “labor, services, materials, or other items required by, or furnished in accordance with, the direct contract . . . .” Fla. Stat., §713.05 (1997). The law defines a “direct contract” as one between the owner and any other person for improving real property. If you are a subcontractor, sub-subcontractor, materialman or laborer, the lien law provides lien rights [...]

9 Oct, 2018

Trial Tactics – Emphasizing Your Point

2019-02-16T11:23:54-05:00October 9th, 2018|Categories: Contractors, Going to Trial, Subcontractors|

When going to trial, a party would often prefer to present multiple witness at trial to testify to the same or similar facts and conclusions in support of the party’s position or against the adversary’s position. It drives the point home to the judge or jury. The impact might be even better when the testimony is provided by multiple experts. Despite the general rule that a party has the right to [...]

10 Aug, 2018

Florida Leaders in the New Economy

2019-02-16T06:30:20-05:00August 10th, 2018|Categories: Industry News|Tags: |

While last generation or two-generation old mindsets currently lead nationally to bring back coal, some leaders in Florida are committed to the global change toward sustainable practices. The latest news appears in Largo, Florida, where “the Largo City Commission voted to approve an organizational commitment to achieve 100 percent renewable, zero-emission energy by 2035. Largo will explore ways to reduce energy consumption and increase efficiencies through technology, building upgrades and retrofits.” [...]

10 Aug, 2018

Solar Construction Starts in Florida

2019-02-16T06:34:30-05:00August 10th, 2018|Categories: Industry News|Tags: |

Florida Power & Light Co., has started construction of four new solar power plants. See the report on Florida Construction News. Contact the construction law attorney Robert S. Tanner today to discuss your legal representation concerning construction contracts, payment issues, contractor or subcontractor nonperformance, liens and bonds, deficient or defective construction, and insurance issues. Contact Now

5 Aug, 2018

Contractor Fails to Prove Joint Venture Theory, Becomes Liable for Opponent’s Attorney’s Fees

2019-02-16T06:40:35-05:00August 5th, 2018|Categories: Contractors|Tags: |

A joint venture is defined by Florida case law as “an association of persons or legal entities to carry out a single business enterprise for profit.” To prove the existence of a joint venture, there must be evidence that each party to the joint venture had the right and the authority to bind the others within the joint enterprise. In Marriott International, Inc. v. American Bridge Bahamas, Ltd., 193 So.3d 902 [...]

7 Jan, 2018

Summary Judgment for Subcontractor on Engineer’s Attempt to Shift Liability for Owner’s Claims that Engineer Breached Contract and Committed Professional Negligence

2019-02-16T06:46:16-05:00January 7th, 2018|Categories: Subcontractors|Tags: , |

In Univ. Cmty. Hosp., Inc. v. Prof’l Serv. Indus., No. 8:15-cv-628-T-27EAJ, 2017 U.S. Dist. LEXIS 26298 (M.D. Fla. Feb. 24, 2017) Florida Hospital Tampa (Owner) had consulting agreements with Professional Service Industries, Inc. (Engineer) to perform soil analysis and recommend for a specific type of foundation in the construction of a new emergency department. Engineer completed the soil analysis and recommended using an auger cast pile system. In its final report [...]

24 Dec, 2017

Statute of Limitations on Performance Bond Claim Begins to Run When Bonded Contractor Defaults on Construction Contract

2019-02-16T06:50:54-05:00December 24th, 2017|Categories: Bonds|Tags: |

In Lexon Insurance Company v. City of Cape Coral, 2017 WL 5759059 (Fla 2d DCA Nov. 29, 2017), the court held that the five-year statute of limitations on a surety bond contract begins to run once the bond principal (typically a contractor) breaches the bonded contract, not when the bond obligee (typically the owner) demands that the surety cure the principal’s default and not when the surety denies the bond claim. [...]