Lienors’ Recourse Against Superior Construction Lenders
November 23, 2010
Construction lienors may have payment options against construction lenders foreclosing upon superior mortgages...
Getting Started in Public Procurement
November 17, 2010
Contractors looking for work in these tough times should keep public projects in mind. If you are not familiar with the public procurement or "bidding" process, knowing the basics will help in getting started. Most public agencies have standard policies and procedures for advertising and awarding contracts. The first step is identifying the public agencies that need your services. From there, you will need to determine how the agency advertises its projects, and the terms and conditions for the particular project.
In Florida, there are layers of government, all of which advertise and award construction work. The tricky part is that these agencies all have their own requirements. For example, State agencies such as the Florida Department of Transportation, may be subject to the requirements of statutes and administrative regulations that may not be applicable to local government agencies. In other words, public procurement in the State of Florida is not a "one size fits all" process. For local governments, including counties and municipalities, there may be purchasing ordinances and policies that apply to the particular agency. Determining what the process is for the agency you are interested in doing work for is critical.
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Everything You Need To Know About Public Construction
November 11, 2010
Becker & Poliakoff announces upcoming public contracting seminars to train you about the unknown nuances of public construction....
Lender Beware: Part III
November 8, 2010
When a lender takes title to a foreclosed home or condominium and completes construction, that lender is under a duty to act with reasonable care in completing construction....
Resolving Building Code Interpretation Disputes With a Building Inspector
October 29, 2010
Building code interpretations are available from the Florida Building Commission in the form of declaratory statements and binding interpretations....
Free Construction Work, Come and Get It
October 28, 2010
If you want work done for free, hire an unlicensed contractor. The 3rd District Court of Appeals rendered a not-final opinion October 27th articulating a very clear message: unlicensed contractors need not be paid. In Master Tech Satellite, Inc., etc. v. Mastec North America, Inc., etc. (No. 3D08-2509 October 27, 2010), Master Tech was hired by Mastec North America to install residential digital satellite systems for Mastec's customers. Mastec North America apparently did not pay for the work. Master Tech then sued to recover on the contract in an amount in excess of $300,000.00. During the course of discovery, it was brought to light that the work performed by Master Tech involved at least some electrical work and required a license. It was also discovered that, in fact, Master Tech did not hold such a license. The trial court granted summary judgment for defendant based on Sec.489.532, Florida...
Amendment 4: Disaster Awaits
October 19, 2010
One of the most important decisions for voters in the State of Florida is whether or not to vote in favor of Amendment 4. Regardless of party affiliation, all voters should vote "No" on this amendment....
Lender Beware, Part III
October 14, 2010
A lender who becomes the seller of new homes acquired from his defaulting builder or developer may be exposed to liability for construction defects whether or not the lender actively participated in any aspect of the original construction....
Performance Bonds are Governed by their Terms
October 5, 2010
Performance bonds are actually contracts and, like all contracts, can be modified or drafted to contain whatever provisions the parties agree to. Great care should be taken to ensure you fully understand the rights and ramifications the bond language creates....
The Scope of Attorneys’ Fees for Prevailing Parties Must be Defined
October 1, 2010
A recent case shows the importance of defining the scope of a prevailing party attorneys' fee provision in contracts....