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Recent Posts

OWNERS SHOULD BE CONCERNED WITH PREMISES LIABILITY CLAIMS ARISING FROM INJURIES DURING CONSTRUCTION

Posted on 3 July, 2011
Injuries are always a concern on construction projects due to the inherent risks associated with performing work on a project.  Owners, in particular, should be concerned with injuries on their project because they are sometimes sued for negligence under theories of premises liability when injuries...

PERSPECTIVES ON THE COMPETITIVE (OR NOT SO COMPETITIVE) PUBLIC PROCUREMENT PROCESS

Posted on 25 June, 2011
In most circumstances, public entities are required to competitively bid the construction of their projects. Sometimes, competitive bidding is as simple as the public entity publishing an Invitation To Bid (“ITB”) seeking to solicit the lowest, responsible, and responsive bidder. In this solicitation, assuming the...

THE IMPORTANCE OF PROPER CONSTRUCTION CONTRACTING LICENSES

Posted on 19 June, 2011
Florida law requires general contractors (and certain specialty subcontractors) to be licensed with the state of Florida. See Florida Statutes Chapter 489, Part I. This is because construction contracting, similar to other professions, is regulated. The law treats the licensure of contractors very seriously in that, “

COMPLYING WITH POST-LOSS POLICY CONDITIONS UNDER AN INSURANCE POLICY

Posted on 16 June, 2011
Insurance policies, particularly property insurance policies, contain post-loss obligations (that serve as conditions precedent to payment). This essentially means that when an insured submits a claim to an insurer, an insurer can demand obligations from the insured, and the insured is required to...

ARGUMENTS FOR LENDER LIABILITY WHEN CONTRACTORS REMAIN UNPAID ON A CONSTRUCTION PROJECT

Posted on 15 June, 2011
When a lender provides a construction loan they will have a security interest in the property in the form of a mortgage that should be superior to any construction liens. This is because the lender records its mortgage on the...