Florida Construction Lawyer


Construction Subcontracts 3 Things You Should Know

With no letup in sight in South Florida construction, subcontractors in all disciplines are being asked by busy general contractors to bid on both residential and commercial projects. And once their bids are accepted, subcontractors are given a subcontract to sign – a subcontract that is often not read or completely understood. Subcontractors should know that there are three clauses in most all subcontracts which could create significant risks. PAY-IF-PAID: Getting paid may be the most important part of any job, and not getting paid could easily bankrupt a subcontractor. Yet in most every subcontract is a pay-if-paid provision stating that payment to the subcontractor by the general contractor is specifically contingent on the general contractor’s receipt of payment from the owner. What this means is that if the general contractor isn’t paid for any reason, then he won’t have to pay the subcontractor, even though the subcontractor has done its work and is perfectly entitled to get pa..


ICYMI: How To Fire Your Lawyer!

Things not working out with your current attorney? Alex will show you how to make the switch and fire them. He will explain the steps you should follow and how your new attorney should be making the process as smooth as possible. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post ICYMI: How To Fire Your Lawyer! appeared first on Miami Construction Lawyers.


Contest That Defect Claim

Whether a project is big or small, it seems inevitable that construction defect claims will surface. While the nature of these claims many vary, common patterns are generally present and construction professionals would do well to understand the distinctions. Construction defect claims often fall into one of four categories: design defects, material defects, workmanship defects and subsurface defects. Design professionals (such as architects and engineers) sometimes cause design defects. Building design can lead to issues in a structure’s performance, even if the design plans are followed precisely by everyone building the project. For example, complicated roof structures can lead to cracks, water intrusion or increased susceptibility to wind damage. There can be material defects resulting from inferior or defective building materials. Using inadequate materials in a project can result in issues. For example, even though a window is properly installed, if it was manufactured and del..


Did You Make This 1 Mistake on Your Last Public Job?

Today I’m going to talk about the one mistake, I hope you didn’t make on that last public project you worked on. Most of those jobs are bonded. If you didn’t secure a payment and performance bond, could be a recipe for disaster. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Did You Make This 1 Mistake on Your Last Public Job? appeared first on Miami Construction Lawyers.


The Truth About Specially Fabricated Materials

(This article first appeared on Lowe’s popular Lowe’s for Pros blog.) As today’s construction projects become more and more complicated, so do the corresponding materials needed for each job. And more often than not, suppliers are being asked to custom order these materials – many times specially fabricating the items. Is it really special? So what distinguishes a stock item from a custom one? Generally it is the fact that the custom item can’t be easily used anywhere but on the job for which it was ordered. Specially manufactured goods are not readily available in the marketplace and are made just for that one project. Can you lien? Materialmen who specially fabricate goods can file a lien. The issue, however, is when does the clock start to run? The general rule that one can do so when goods are delivered to the jobsite or to the owner or contractor doesn’t work in the case of specially fabricated goods. These goods cannot generally be completed until they are actually manufacture..


Cross Default – The Most Dangerous Contract Provision

Do you have a cross default provision in your construction agreement? This could be deadly to your business. Listen up, you don’t want to miss this. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Cross Default – The Most Dangerous Contract Provision appeared first on Miami Construction Lawyers.


Contractor Files Fraudulent Lien But Still Comes Out Ahead

Earlier this year, the appellate court handed down a decision that surprised a lot of construction folks. A homeowner and his contractor weren’t seeing eye to eye any longer so the owner stopped paying the contractor. In turn, the contractor ceased work, recorded a lien and filed suit to enforce his lien, for breach of contract and for unjust enrichment. The owner counterclaimed for fraudulent lien. At the trial that followed, the judge concluded that the contractor’s claim of lien “was compiled with such willful and gross negligence that it amounted to a willful exaggeration and shall be deemed a fraudulent lien.” Pretty damning but the court still ruled in the contractor’s favor on its other claims. And having determined that the contractor prevailed on the significant issues of the case, the court went on to deny the homeowner’s claims for attorney’s fees and costs incurred as a result of the fraudulent lien. Not surprisingly, the homeowner appealed, arguing that the significant i..


Want to Double Check Your Lawyer?

Want to double check your lawyers work? Do you know what a docket is? On this episode, Alex will explain how you can double check your lawyers work. Below are some helpful links to get your search started. Public Records Search: Miami-Dade Broward Palm-Beach Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com. The post Want to Double Check Your Lawyer? appeared first on Miami Construction Lawyers.


In Construction Timing Is Everything

Most people enter into a construction contract with the understanding that performance will occur within a specific timeframe. When that doesn’t happen, everyone tends to look to the terms of the contract for recourse. And if they find specific language, making it clear that time does matter – that “time is of the essence” – then they’ll have found a contract provision which could make all the difference. When “time is of the essence” is included in a contract, delayed performance of any contract term will likely result in a material breach of the contract. This essentially allows the non-breaching party to terminate the contract. In a subcontract, the general contractor will specify a completion date and often include a “time is of the essence” provision. If the subcontractor does not complete its work on or before that date, the general contractor may choose to terminate the subcontract, hire another subcontractor to complete the job, and sue the original subcontractor for breach of..


In Construction, Timing Is Everything

Most people enter into a construction contract with the understanding that performance will occur within a specific timeframe. When that doesn’t happen, everyone tends to look to the terms of the contract for recourse. And if they find specific language, making it clear that time does matter – that “time is of the essence” – then they’ll have found a contract provision which could make all the difference. When “time is of the essence” is included in a contract, delayed performance of any contract term will likely result in a material breach of the contract. This essentially allows the non-breaching party to terminate the contract. In a subcontract, the general contractor will specify a completion date and often include a “time is of the essence” provision. If the subcontractor does not complete its work on or before that date, the general contractor may choose to terminate the subcontract, hire another subcontractor to complete the job, and sue the original subcontractor for breach of..



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