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Lien Transfer with No Surety

Action against lien transfer bond must be brought within one year of transfer – if lien is transferred during pendency of lien foreclosure action. Prior to 2005, Florida Statute, Section 713.24 provided that if a lawsuit to enforce a transferred lien was not commenced within one year of recording the lien, the clerk was required…

OSHA Directive CPL 02-00-098

Guidelines for Case File Documentation for use with Videotapes and Audiotapes OSHA has utilized cameras in their on-site inspections since 1998.  Job-site supervisors, as well as on-site laborers, should be aware of the policies and rules OSHA has in place regarding the use of video and audio recording equipment. It is best to be prepared…

Anderson v. Taylor Morrison of Florida, Inc.

Anderson v. Taylor Morrison of Florida, Inc., 2D16-314, 2017 WL 2374404 (Fla. 2d Dist. App. May 31, 2017).   Anderson v. Taylor Morrison of Florida, Inc. revolves around an arbitration provision in the limited warranty that Taylor Morrison of Florida, Inc. (the “Builder”) provided to the Andersons. Six years after purchasing the home, the Andersons…

Subcontractors Continue to be Plagued by Additional Insureds

Parties who are additional insureds (an entity that has been added to another entity’s insurance policy that do not have to pay premiums) on subcontractor Commercial General Liability policies have little incentive to take any preventive measures to ensure its negligence does not hurt a third party. Subcontractors that are named insureds must accept a…

Revised AIA Documents – Released April 2017

The American Institute of Architects (AIA) recently released revised versions of its form agreements. These agreements are considered the standard contracts for managing the relationships and transactions involved in construction projects. The A201-2017 form, General Conditions of the Contract for Construction, includes updates to the following provisions: Insurance and Bonds Exhibit: The A201 forms now…

Trump Endeavor v. Fernich, Inc.

In Trump Endeavor 12 LLC v. Paint Spot, Trump appealed two trial court orders: (1) a final judgment of foreclosure on a construction lien by Paint Spot for Trump’s failure to pay Paint Spot $32,535.87 for materials supplied to the project; and (2) a final judgment awarding attorney’s fees and costs to Paint Spot. Paint…

Trent Cotney Featured in The Spring Edition of Florida Construction News

We are proud to announce that Trent Cotney is featured on the cover of the spring 2017 issue of Florida Construction News Magazine. The magazine article profiles Trent and the firm and discusses how growing up in the construction industry guided his decision to protect the interests of construction and roofing professionals. To read the…

Florida Court Overrules Decision Denying Fees in Miller Act Claim

Earlier this year, a Florida appellate court overruled a decision denying a claim for attorneys’ fees by a prime contractor and its surety after prevailing in its defense of a Miller Act claim. In U.S.A. f/u/b/o RMP Capital Corp. v. Turner Construction Co., 2017 WL 244066 (11th Cir. 2017), a subcontractor and sub-subcontractor on a…

Modifications to Required Contractual Disclosures

The legislature recently passed a modification to the Florida Homeowners’ Construction Recovery Fund provision which is required in construction contracts. The language was revised as follows: FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED…

Overtime Rule Enforcement Delayed

The proposed changes to the FLSA provision governing overtime pay have been a major concern amongst small and larger businesses nationwide. The most controversial proposed change involved the increase of the “salary test” threshold from $23,660 to $47,476. Essentially, this would mean that any salaried worker making below this new threshold could be a viable…

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