Building Green May Keep Contractors and Designer Professionals in the Black
Building Green May Keep Contractors and Designer Professionals in the Black...
Building Green May Keep Contractors and Designer Professionals in the Black...
Florida Statute § 713.245 governs conditional payment bonds under Florida law. In short, the statute allows for a conditional type of payment bond, which is essentially conditioned upon the Owner having paid the Contractor for the amounts being claimed by the lienor....
As a result of Tropical Storm Debby, the Governor has issued an executive order declaring a state of emergency in the entire state of Florida. The order does several things including (I will not go through the entire list here): - Activates the State's Comprehensive Emergency Management Plan and appoints the Director of the Division of Emergency Management as the State Coordinating Officer ("SCO"). - Activates the Florida National Guard and places them under the direction of the SCO. - Allows state, regional and local agencies to deviate from statutes, rules and orders to the extent that such actions are needed to cope with the emergency. This includes, but is not limited to, budgeting, leasing, travel, conditions of employment and compensation of employees. This provision expires within 30 days of the order unless extended by the Governor. - Allows pharmacists to dispense a 30-day prescription refill for maintenance medication. - Gives Agency heads the authority to abrogate any applications for permits and licenses...
Despite the general rule that parties to a contract may agree to any terms they want, there are some terms that must satisfy certain requirements in order to be enforceable, like indemnification provisions. Even in short, simple, standard form documents, like work orders, the provisions must satisfy the requirements, or you might not be able to rely on them when you need them most....
Once an offer for repairs of defects has been made, owners may feel both relieved and overwhelmed by the number of issues to be addressed. That is why, before accepting any offer for repairs, owners should speak with their attorneys about memorializing the parameters of the repair offer in a written agreement....
Public/private partnership trade association forming in Florida...
We often encounter Condominium Associations who have difficulty understanding why they should bond their exterior renovation contract. Many Associations consider it money wasted on another layer of liability protection when they would rather spend the money on actual scope – sticks, bricks, and finishes. They do not expect the surety to pay the claims even if they are made against the Contractor’s Performance and Payment Bonds. Association Boards often ask, “Isn’t the risk already covered by all the insurance required from the Contractor?” The short answer is, “No”, and here’s why. A performance bond, unlike insurance, assures the Association that the Contractor, or its Surety, will complete the project even if the contractor goes bankrupt or cannot competently perform to complete the contract. In addition, sometimes a Surety can be required to pay Association claims for work not properly performed even after occupancy. See, Federal Ins. Co. v. The Southwest Florida Retirement Center, Inc.,...
Governor Scott signed HB 1013 into law late last week. The legislation will take effect on July 1, 2012, and attempts to wipe out all common law implied warranties, including for pending litigation. I think there are significant constitutional issues as applied to pending claims. We may find out quickly as the Lakeview v. Maronda case is still pending before the Supreme Court. The Court may be able to address the scope of the warranty and also the constitutionality issue at one time. It will be an interesting decision but may be one of limited value going forward....
Today's Miami Herald has an article, by Toluse Olorunnipa, about the ongoing battle over HB1013. The Governor's office has received over 1,000 emails in recent days opposing the legislation. Opposition to the legislation outnumbers the supporters by a nearly 4-1 margin. Per Governor Scott's deputy press secretary “The Governor is currently reviewing the bill and will make a decision in the allotted timeframe.” The whole article is worth reading here. As usual proponents of the legislation throw out the phrase "judicial activism" which completely ignores that the entire implied warranty was created by the judiciary to overcome another judicial doctrine, caveat emptor. I have discussed the merits of the bill on numerous posts on the blog so I will not repeat them. I know the Governor's office has been in touch with proponents and opponents of the bill to obtain information. The best thing to do at this point is to continue contacting Governor Scott's...
Posing questions in public bids may be a helpful tool in shaping a bidder's response....