Contracting drafting is an art that is often underappreciated by both owners and contractors. When submitting bids for construction work, the words used in the bidding documents matter and the use of imprecise language can leave much to the imagination of the reader, which is not helpful when a dispute arises that results inContinue reading “SLOPPY DRAFTING FORCES TRIAL ON PRICE PROVISIONS IN MULTI-MILLION DOLLAR CONSTRUCTION PROJECT LAWSUIT”
Author Archives: hardhatlawyer
RELEASE LANGUAGE IN GOVERNMENT-ISSUED MODIFICATION COSTS CONTRACTOR MILLIONS ON APPEAL
By: Reese J. Henderson, Jr., Esq. Contracting with a government entity for construction or other services is a process fraught with challenges for any government contractor. Errors or omissions in the bid package, ambiguities in the plans, cumbersome security clearance procedures and other factors can make contracting with the government – and, in particular, theContinue reading “RELEASE LANGUAGE IN GOVERNMENT-ISSUED MODIFICATION COSTS CONTRACTOR MILLIONS ON APPEAL”
Mediation vs. Arbitration: What is the Difference?
If a construction dispute arises and is not resolved, it often results in a lawsuit being filed. Because lawsuits are expensive and can take years to resolve, this gave rise to “alternative dispute resolution” or ADR. ADR is shorthand for any method to resolve a dispute more quickly and efficiently than litigation. Mediation is aContinue reading “Mediation vs. Arbitration: What is the Difference?”
What Happens When My Property Has Building Code Violations?
Building Code violations are a serious matter under Florida law. The Florida Building Code was enacted in 2002 to promote the protection of “public safety, health, and general welfare for all the people of Florida”. Owning a property with building code violations exposes the owner to significant liability. First, there is the liability for the codeContinue reading “What Happens When My Property Has Building Code Violations?”
Notices of Commencement
As noted in my “notices to owner” posts, companies performing work under the general contractor – for example, an electrician, plumber, roofer, etc. – are required by Florida law to deliver a “notice to owner” to the owner providing their contact information, what work they did and the name of the company they contracted withContinue reading “Notices of Commencement”
What Happens When a Construction Lien is Recorded?
A construction lien is like a mortgage lien. When you sign a mortgage, you understand that, if the loan is not paid, the bank will foreclose the mortgage and take the property. A construction lien works the same way. In other words, you either pay the lien amount or the person filing the lien (called the “lienor”) will,Continue reading “What Happens When a Construction Lien is Recorded?”
Notices to Owner: What Owners Need to Know
Florida’s construction lien law provides for a “notice to owner” so that the owner knows who is working on the owner’s property under the contractor’s contract. A notice to owner is typically delivered by certified mail and provides the owner with the following information: The name and address of the company serving the notice A descriptionContinue reading “Notices to Owner: What Owners Need to Know”
Notices to Owner: What Lienors Need to Know
If you are not familiar with the term, a “lienor” is someone – a subcontractor, equipment or material supplier – who may be able to claim a lien on a property if they follow the lien law. Serving notice to owner is effective to get lienors paid 99% of the time. That is because savvy owners andContinue reading “Notices to Owner: What Lienors Need to Know”