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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…

South Florida Severe Weather Advisory

Hurricane Matthew’s shift west imposes additional requirements on property owners and contractors operating construction sites in Miami-Dade and Broward counties. Under this severe weather advisory, the requirements are as follows: In Miami-Dade County: Loose objects (i.e., gardening supplies, display racks, toys, chairs, industrial supplies/materials) located outside of any residential, commercial, or industrial property should be…

Unlicensed Contracting During State of Emergency

Any person engaging in contracting services in the State of Florida must be currently registered, certified, or possess a certificate of authority through the Florida Department of Business and Professional Regulation (DBPR). A violation of this requirement is a misdemeanor of the first degree. The licensing rules still apply during a state of emergency; however,…

Hurricane Matthew Preparedness

Be Ready – Have a Construction Hurricane Disaster Preparedness Plan Many Florida residents are preparing for the potentially devastating impact that Hurricane Matthew may have on the east coast of the United States. It’s critical for all of us to prepare our families, homes and other items for the damage the storm may cause. As…

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