Additional insured status is appealing, but only has value when you actually have coverage after negotiating for it. To be sure your effort to obtain additional insured status pays off when you need the coverage, you need to review all of the relevant documents, before it is too late....
Public/private partnership legislation in Florida is not far off...
During the several years, there has been some controversy concerning whether bid openings should be open to the public and what information bidders should have access to. In 2011, the Florida Legislature expanded the exemptions to the Public Records Law enlarging the time for bids to be exempt from inspection and copying from ten days to thirty days from the opening of the bids, or until the time of a notice of intended award, whichever is earlier. Concerns were raised as to access to information, and whether bid openings should be open to the public. This year, the Florida Legislature enacted Section 255.0518, Florida Statutes which requires state and local agencies to open sealed bids for the construction or repairs on a public building or public work during an open meeting conducted in accordance with the Sunshine Law. The agency is further required to announce the name of each bidder and the price submitted in...
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.,...
