When a party is preserving their construction lien rights, the party will look to the recorded Notice of Commencement. This is the recorded document that provides the lienor with the information for purposes of preserving construction lien rights. A Notice to Owner company will...

A recent non-construction case touches upon the doctrine of substantial performance when it comes to payment. In this case, a club was to make two payments to secure a rapper’s attendance.  The first payment was made.  The second payment was made but was a few hundred...

A settlement agreement does not need to be executed for it to be enforceable as long as there was a MEETING OF THE MINDS.  The same rings true for any contract regardless of whether the contract is signed – THERE NEEDS TO BE A MEETING OF...

There’s been a recent trend in Florida case law that has figuratively “killed” unlicensed contractors.  Here’s another one.  The moral to this trend and case is simple: make sure you have the proper licenses prior to serving as a contractor under Florida law. Trying to be...

If a general contractor is going to have a conditional payment bond, it needs to ensure it subcontracts contain pay-if-paid  or pay-when-paid provisions.  This conditional payment language in subcontracts is the general contractor’s defense that it doesn’t have to pay a subcontractor UNTIL owner...