The recent trend of at least some Florida courts to prefer form over substance should send bells of alarm through the construction industry. The problem is focusing on the requirements of F.S. §713.06, mandating that subcontractors and suppliers who are not in direct privity with the owner must send a timely and adequate “notice to owner” ...
Florida Construction Liens: Representing the Residential Owner
This article explores the legal representation of the owner of a residential dwelling under construction with regards to nonprivity lienors when there is no payment bond. Florida’s Construction Lien Law, Part I, F.S. Ch. 713 (2003), does not have a general reputation of being very “owner friendly.” In fact, the ability of someone who has...
Practical Solutions to the Problems Resulting from the Real Life Application of Florida’s Construction Lien Transfer Bond Statute
Florida’s construction lien law has been defined by one appellate court as a complex set of rules and procedures that continues to confuse the bar and the judiciary just as much as it does the very folks it seeks to protect.1 Generally, Florida’s construction lien law provides that certain defined parties (lienors) who supply labor, work, or ma...
“Here Comes the Money”: A Subcontractor’s and Material Supplier’s Guide to Perfecting Construction Lien and Bond Rights Under Florida Law
Your brother runs a small tile installation company. He calls you complaining that he has not been paid on a job where he installed $15,000 worth of tiles for a general contractor. He wants to know what he can do. Your brother desperately needs the cash to pay off the tile manufacturer that extended credit for the tiles and to pay his laborer’s wages....
The 1996 Amendments to the Florida Construction Lien Law
The purpose of this article is to summarize the recent amendments to the Florida Construction Lien Law, F.S. Ch. 713.1 The amendments became effective October 1, 1996.2 These changes will have the following effects: 1) they expand the scope of monetary obligations which may be secured by a construction lien; 2) they impose additional obligations upon the gov...
1998 Changes to Public Works Bonds and Construction Lien Law
Changes to the Florida Construction Lien Law seem to follow each legislative session like the evening follows the day; 1998 was no exception. The changes relate to both construction liens under F.S. Ch. 713, and payment bonds for public works under F.S. §255.05. As an example of compromise legislation addressing the competing interests in the constructi...
Bankruptcy Is a Game Changer for Homeowner Associations
Financial distress often leads to unpaid homeowner association dues, which in turn places tremendous stress on the paying members of the homeowner association (HOA). Without a reliable stream of income, HOAs are unable to manage and maintain common areas and amenities in the community they serve. This problem is particularly acute in Florida where beachfront...
Building a Home
https://www.floridabar.org/public/consumer/pamphlet005/
The information is designed to assist a person who is having a home constructed or remodeled in Florida on land owned by that person.
When is a “Final Construction Lien Release” Really Final?
We know that prudent practice dictates that when payment is made for construction work and/or materials, the party making payment1 ( payor) should obtain a release of payment claims for the work and/or materials being paid.2 In addition, if payment is made to a contractor, subcontractor, or sub-subcontractor, releases from people furnishing labor or material...
Florida’s New Construction Defect Statute: The Aggrieved Homeowner’s Obstacle Course
When residential buildings begin to decay and roof tiles blow off in high winds, homeowners can no longer simply march into court and commence litigation against responsible parties. With the recent enactment of Florida’s new construction defect statute (“statute”),1 the aggrieved homeowner now is required to provide contractors and othe...