Bad News = Good News
South Florida number 1 in home prices slide. South Florida home prices lost 17.5 percent in the final quarter of 2007, the worst performance in the nation, Standard & Poor's said Tuesday. Although...
View ArticleFlorida's Transfer Bond Statute Isn't Working
In a nutshell, Florida's Transfer Bond Statute is not working. Florida Statute §713.24, permits an owner whose property is encumbered by a claim of lien to transfer that lien off the property to other...
View ArticleAre construction contract "pay when paid" clauses enforceable?
Yes, they are... Although somewhat unfair, Florida Courts have enforced these clauses provided the language clearly and unambiguously states that the contractor does not have to pay the...
View ArticleNew AIA Form A201 -- The General Conditions of the Contract for Construction:
FYI... The American Institute of Architects (AIA) has completed a total remodification of its core contracts and issued a new form A201 -- The General Conditions of the Contract for Construction (2007...
View ArticleCan a local building official reject/deny a statewide product approval?
A building official may deny the local application of a product approval which has received statewide approval, based upon a written report signed by the official that concludes the product application...
View ArticleLiabilities of Homeowners' Association Developer-Appointed Directors...
Developer appointed board members have the same fiduciary duties and responsibilities as non-developer appointed board members. Furthermore, developer appointed board members are expressly excluded...
View ArticleDoes Miami-Dade County's Crane Ordinance violate OSHA Rules?
Great article in today's Daily Business Review. Local Builders and Contractors' Associations have filed suit claiming Miami-Dade County's crane ordinance steps on OSHA Rules therefore are requesting...
View ArticleMechanics of the Surety Relationship
A surety contract is a three (3) party agreement in which the Surety guarantees to the Obligee (usually the Owner) that the Principal (usually the General Contractor) will perform in accordance with...
View ArticleCan Architects be held liable for delay damages?
Yes... If a contractor is delayed by the fault of others under contract with the owner (i.e. by the architect's failure to: 1) provide approriate design docs; 2) properly administer the project; 3)...
View ArticleContractor State Certification vs. Local Licenses
If a contractor obtains a state "Certificate of Competency" this entitles said contractor to an occupational license in any portion of the state for the specific trade that has been been certified. A...
View ArticleEstablishing boundaries and ownership when property borders a lake
As a lake rises and falls, so do the boundaries of any bordering properties. Therefore, it can be said that the boundary between privately owned uplands and submerged bottoms (often owned by...
View ArticleWhat Welding Does to Aluminum
This is an issue that architects, engineers and contractors need to look out for. Welding aluminum may create issues that do not get much attention for steel: the effect of the welds on the strength of...
View ArticleFire sprinklers in homes?
In a landslide vote this summer, the International Code Council mandated that fire sprinklers be required in all one and two family homes and townhouses built to the International Residential Code...
View ArticleThe Impact of Trytek on Construction Lien Attorney's Fees
In Florida, attorney’s fees may be awarded in only two circumstances. First, there is a statute that provides for attorney’s fees or second, it is based on a prior agreement between the parties (in a...
View ArticleFlorida Statute 553 vs. The Economic Loss Rule
Florida Statute 553.84 created a civil cause of action against a person who commits a building code violation. The Supreme Court of Florida held in Comptech International, Inc. v. Milam Commerce Park,...
View ArticleConstruction: "General Contractor Proper Payment Procedure"
When dealing with private funding for a construction project, it is extremely important that you follow the lien law procedures prior to releasing any money to the general contractor or subcontractors....
View ArticleBeware insurance companies...
Insurance companies recently dodged a major bullet. A very important issue is lingering with severe implications for insurance companies. The issue is: Whether an insurer in Florida is responsible for...
View ArticleNo more impression seals for engineers!
Chapter 471.025(1) of the Florida Statutes requires that all engineers obtain a seal in a form approved by the Florida Board of Professional Engineers. Until recently, that meant an impression type...
View ArticleVote NO for Amendment 4!
Amendment 4 will be on the Florida 2010 ballot. This Amendment requires voters to approve all local comprehensive land use plan changes. With this Amendment, the citizens of Florida, not the...
View ArticleFinally, some relief for the HOA's!
There was a very interesting article in today's Daily Business Review. Recently, in a "reverse foreclosure", a Miami-Dade Circuit judge agreed to force a lender to take title to a property from a...
View Article
