Florida Construction Law Group

04/23/2020

http://floridaconstructionlawgroup.com/avoiding-potential-problems-with-you-lender-during-the-covid-19-outbreak-and-the-bad-boy-guarantee/

The real estate property market is currently under severe strain currently due to the forced shutdowns of all non-essential business in Florida due to the COVID-19 outbreak. As the crises looms, the Federal Reserve could

12/07/2017

When drafting or reviewing a construction contract, it’s important to watch out for a few important things. These contracts are designed to clarify what work needs to be done, how it should be completed, the

03/31/2016

Understanding Florida Construction Accident Liability

Understanding Florida Construction Accident Liability Ray Garcia Construction Defect Construction work tends to be one of the most dangerous forms of work for employees in the US, and as an employer, you are ultimately responsible for the health and safety of your workers. The nature of unfinished c…

02/02/2016

Construction projects lend themselves to the filing of claims and lawsuits unless everything relating to the construction project goes exactly as planned.
http://floridaconstructionlawgroup.com/construction-dispute-resolution-in-florida/

Construction Dispute Resolution in Florida Ray Garcia Construction Defect Construction projects lend themselves to the filing of claims and lawsuits unless everything relating to the construction project goes exactly as planned. In order to avoid claims and lawsuits, the contractor must avoid change…

11/17/2015

Florida Construction Law Group services Miami-Dade, Broward, Palm Beach and Monroe Counties. If you?

11/09/2015

When a construction material supplier’s has not been paid for the work done on a construction project, the material supplier may seek remedies through lien rights under Florida’s Construction Lien Law, Section 713.001-37, Florida Statues. The purpose of the Florida Construction Lien Law is to protect construction material suppliers from nonpayment, but strict compliance with the statutory law is required.

The first thing to understand is that a Notice to Owner is a prerequisite to perfecting a lien, unless you are in direct privity with the Owner. However, if you are furnishing materials under an order by someone other than the Owner such as a general contractor or subcontractor then a Notice to Owner must be served. Failure to properly and timely serve a Notice to Owner is an absolute bar to your lien.The second thing to understand is that a Notice to Owner is not a lien. The Owner can prevent paying twice for work by verifying pursuant to a lien waiver that money paid to the contractor ends up paid. The third thing you must understand is that the Notice to Owner must be served timely. The Notice to Owner must be served within 45 days of first delivering materials to the jobsite.

The fourth thing you must understand is that the Notice to Owner must be served properly. The Notice itself must be proper, and the service must be proper. For the Notice to Owner to be proper, it must be in substantially the form, and include the information and warning, set forth in Fla. Stat. §713.06(2)(c). To prepare the Notice, you should use the information contained in the recorded Notice of Commencement. If there is no recorded Notice of Commencement, then you should use the information contained in the building permit application. Make sure to properly describe the services or materials that you are supplying; make it broad enough to cover all materials that you may supply for the project.

As to proper service, you must make sure to send the Notice to all required recipients and use the proper method of delivery. The Notice must be sent to the Owner at the address stated on the Notice of Commencement. If you are aware of additional addresses for the Owner, send the Notice to those addresses as well. The proper method of delivery is set forth in Fla. Stat. §713.18. Always keep evidence of delivery of Notice whether through certified mail or photos of posting Notice to the jobsite.

Ray Garcia, Esq.
Board Certified in Real Estate Law
by the Florida Bar
www.floridaconstructionlawgroup.com

06/10/2015

Florida Construction Law Group is now a proud member of the LBA Latin Builders Association

11/03/2014

Section 713.20, F.S., provides for the waiver or release of a lien by any lienor giving a Notice to Owner and may be requested by the owner before making a payment to the contractor. The provision does not allow the lienor to waive the right to payment in advance of doing the work, but nothing prohibits the waiver prior to receiving payment. These waivers must be obtained by the owner prior to each payment to the contractor if the owner has received a Notice to Owner from a subcontractor. If the owner fails to request a Waiver or Release of Lien prior to each payment, the payments become improper. If the owner’s payments become improper, he or she may become liable to any lienor who has properly served notice and recorded a lien and therefore may end up paying twice for services or materials. Requiring and obtaining a Release of Lien at each payment for every Notice to Owner filed by a subcontractor “closes the loop” and releases the owner from liability for those payments.

http://floridaconstructionlawgroup.com/florida-notice-of-commencement-fla-stat-sect-713-13/

09/19/2014

Contact the department of Business and Professional Regulation to see if the contractor’s license is in good standing or the contractor has received complaints from other consumers. Additionally, ask for a copy of the contractor’s insurance policy.
http://floridaconstructionlawgroup.com/common-tips-in-selecting-a-contractor-in-florida/

18Sep 2014 Common Tips in Selecting a Contractor in Florida Ray Garcia Another Blog Category Florida contractors have developed a reputation for have suspect business practices such not completing jobs properly, using inferior quality products and overcharging for works or sub contracting work off t…

09/19/2014

Contractors will often provide you a low estimate to get the job. Then, as the work progresses they will upsell you on products and services such change orders. Always get a very detailed estimate that includes the cost for materials, labor, fees and the contractor’s profit margin.

http://floridaconstructionlawgroup.com/common-tips-in-selecting-a-contractor-in-florida/

05/28/2014

Florida law governing Construction litigation has been described as confusing, complex and ill-conceived. Due to the various technical requirements that must be complied with prior to instituting legal action, our firm concentrates on assisting developers, contractors, sub-contractors and homeowners in both the prosecution and defense of most construction litigation matters.