We present our annual Legislative Preview for your consideration. It must be recalled that this is a very dynamic process and the provisions in bills change daily and new issues will arise. It allows you to follow the progress of bills and you can sign up to receive alerts if you wish. Your comments and suggestions are welcomed.
Stopping work on a project is the toughest call to make for a contractor and its attorney. If you are wrong, you are in breach of the contract. This usually means that you are paying rather than collecting. The first step is to determine whether you have a right to stop work.
We are pleased to announce that Steve Marlowe has received Certification from the Florida Supreme Court as a Circuit Mediator. To receive this certification Steve was required to complete a 40 hour course in Mediation Procedures and Techniques as well as observe and participate in at least seven “real” mediations with Certified Mediators. Steve has also been appointed to the Mediation Panel for the Federal Court for the Middle District of Florida. In addition, he has also been appointed to the American Arbitration Association’s Panel of Arbitrators.
With a Legislature thoroughly dominated by Republicans and a very conservative Governor, one would have expected to see a lot accomplished in the 2011 Legislative Session. However, as it turned out, they are still politicians and can’t help but bicker among themselves. As a result not a lot was accomplished in the way of issues important to most contractors.
Our goal is to keep you apprised of the legislative issues that may affect the construction industry, such as the proposed changes to the Florida Lien Law and limitations of liability for design professionals.
SB 964 – This bill makes a number of changes to Florida Statute 255.05 which governs bonds on public construction projects and Chapter 713 which covers construction liens and bonds for private construction work.
Welcome to the first in a series of articles which will touch upon the basics of various aspects of construction law in Florida. The series will largely be aimed at informing contractors of legal requirements, helpful tips, and pitfalls to avoid. However, the series will also be educational to consumers, and from time to time I will include tips aimed directly at consumers. What is a Construction Lien?
2011 marks Steve’s 15th Anniversary of achieving an AV Preeminent Rating from Martindale-Hubbell. It is the pinnacle of excellence earned through a strenuous Peer Review Rating process that is managed and monitored by the world’s most trusted legal resource. It shows that he possesses the highest standards in both ethical behavior and quality of his legal work.
We had an opportunity to travel to Paris last summer to defend one of our clients in an international arbitration proceeding, for which we recently received a favorable outcome. Traveling with us was our associate, Scott Machnik, who was an invaluable asset in the defense of the case. His fiancée, Rachael Miller, who turned out to be a match to my wife Connie’s shopping acumen also came with us. After the arbitration was completed we were able to remain in Paris for a very nice vacation.
Under long standing laws and regulations a contractor or subcontractor has been considered the final user of construction materials for purposes of assessing sales tax on the materials. Consequently the material supplier would collect the sales tax from the contractor purchasing the material and remit it to the State. While there are exemptions from the sales tax for public bodies, these exemptions do not extend to materials purchased by the contractor.