Widerman Malek Law Blog

Filing and Terminating a Construction/Mechanic’s Lien

J. Mason Williams IV

Nov 8th, 2013

Filing and Avoiding a Construction/Mechanic’s Lien

Chapter 713, Florida Statutes addresses construction liens (otherwise known as mechanic’s liens) in Florida. The law in this area can be pretty straight forward so long as you know the statutes and can interpret some of the terminology, which can be a bit tricky and usually takes knowing the case law pretty well, i.e., it helps to have a lawyer’s help. In order to perfect a lien, the claim of lien must be recorded and state several items which are addressed in Section 713.08, Florida Statutes. Section 713.08(3) even provides an example form with the required warning.

Why is the Timing of Substantial Completion so Important?

J. Mason Williams IV

Nov 1st, 2013

Construction, Contract Law

Why is the Timing of Substantial Completion so Important?

The contract is the first place to look to determine the specifics of when a certificate of substantial completion should be issued. Assuming it is the point where a certificate of occupancy (CO) is also issued, this means that the governing authority has to approve the building to be occupied and used for its intended use. At this point, the contractor will often prepare a list of items to be completed for the architect and/or engineer to review and inspect. The architect and/or engineer will prepare the certificate of substantial completion and set a deadline to complete the final items. Depending on the contract, this is usually the point where the owner will have to pay the “final” payment minus costs to complete the final items. This is the number one reason issuance of the certificate of substantial completion is so important to a contractor (and/or subcontractor).

Construction Liens, Landlords, and Tenants

J. Mason Williams IV

Jun 3rd, 2013

Construction, Contract Law, Landlord/Tenant, Real Estate

Construction Liens, Landlords, and Tenants

A landlord can be liable for a construction lien (or mechanics’ liens) if the landlord fails to take proper precautions or fails to timely respond to a contractor or other lienor. An “owner” must sign the notice of commencement for construction or improvements to begin on a premises.

What is a Certificate of Occupancy and do you need one?

J. Mason Williams IV

May 24th, 2013

Civil Litigation, Construction, Contract Law

What is a Certificate of Occupancy?

A certificate of occupancy or CO in theory is very simple. It is the approval from the local jurisdiction that allows anyone other than construction workers, engineers, etc. to occupy the structure, with some exceptions that this article does not address, such as for industrial structures and projects. This sounds simple enough, but in order to receive a CO, the structure is typically required to be nearly finished, but not necessarily completely finished. It is often times the point at which substantial completion occurs, but case law is clear that they are not necessarily the same and in fact, receiving a CO is certainly strong evidence that substantial completion has occurred, but not necessarily the only evidence needed. For further information about substantial completion, visit my blog on substantial completion.

Construction Bonds in Florida

Widerman Malek

May 20th, 2013

Construction

Bonds hold a certain mystery for the uninitiated, and not for nothing. But they’re not so complicated, and at their essence, they’re no more than contracts. The basis of any bond is that a surety (the party posting the bond) guarantees to pay if the principal (usually the contractor) defaults on an obligation. A key […]

What is Construction Law?

J. Mason Williams IV

May 17th, 2013

Construction, Contract Law

What is Construction Law?

Construction law is really a form of contract law, but a very complex and technical form of contract law that has many additional twists and turns. It can also include tort claims, as in the case of construction defects or negligence. Construction law for starters involves some form of design or construction project. The parties involved range from owners to architects and engineers to contractors and subcontractors with several parties in between.

Substantial Completion: When exactly does it occur?

J. Mason Williams IV

Nov 21st, 2012

Construction

Substantial Completion When an owner decides to build something, he or she usually decides that he or she wants it completely finished, okay the owner always wants it completely finished. But is the owner guaranteed that? Probably not. Now does that mean a contractor can walk away from a job after placing the concrete building […]

« Newer Posts

Widerman Malek Law Blog

Filing and Terminating a Construction/Mechanic’s Lien

Why is the Timing of Substantial Completion so Important?

Construction Liens, Landlords, and Tenants

What is a Certificate of Occupancy and do you need one?

Construction Bonds in Florida

What is Construction Law?

Substantial Completion: When exactly does it occur?

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