As most employers are aware, any new employee (well actually any employee) is required by the U.S. Citizenship and Immigration Services (USCIS) to complete what is known as the I-9 Form. This form is intended to verify that the employee is legally allowed to work in the U.S. A new I-9 Form has been promulgated by USCIS. Employers will be required to use the new I-9 starting on  May 7, 2013. The old form will no longer be accepted. The new form can be downloaded here.

Many business owners are not aware that they may be eligible for a settlement from British Petroleum due to the disaster that occurred in the Gulf of Mexico on April 20, 2010. The revised Deep Water Horizon Settlement Program offers significantly better prospects for contractors and other businesses to recover losses than previously.

The Florida Legislature will go into its annual sixty day session on Tuesday, March 5. This may be a more “normal” session as compared to the previous few years when budget issues dominated the sessions. As usual there are a number of bills filed that touch on the construction industry. The information we have is based on bills that have been filed. This does not mean that other issues won’t pop up as amendments to existing bills. Also while we have identified specific bill numbers, the bills discussed often have companion bills in the other chamber that deal with the same or similar issues.

The Florida Legislature will go into its annual sixty day session on Tuesday, March 5. This may be a more “normal” session as compared to the previous few years when budget issues dominated the sessions. As usual there are a number of bills filed that touch on the construction industry. The information we have is based on bills that have been filed. This does not mean that other issues won’t pop up as amendments to existing bills. Also while we have identified specific bill numbers, the bills discussed often have companion bills in the other chamber that deal with the same or similar issues.

Marlowe McNabb has been investigating the recent changes to the Deep Water Horizon settlement otherwise known as the BP Oil Gulf Spill. After serious investigation we have concluded that there are significantly better prospects for contractors to receive payments from the Court supervised settlement funds. After this investigation, we have developed a process for making a determination of a contractor’s eligibility for payment. The system we have allows us to input information from contractors which takes approximately twenty (20) minutes to gather and supply us with the information necessary for a preliminary determination of eligibility. Once that determination is made we will can move forward with processing the claim on behalf of the client. We are offering this service on a contingent fee basis which means that no fees are payable unless there is a recovery. Please do not make the mistake of assuming that you don’t qualify. For further information please contact Connie in our office to discuss any questions you may have regarding this process.

The Department of Business and Professional Regulation (DBPR) has extended the license renewal deadline for certified contractors and both certified and registered electrical contractors whose licenses will expire August 31, 2012. Applicable certified contractors and electrical contractors may now renew their license by midnight September 14, 2012. The extension is a result of the impact of Tropical Storm Isaac across the state.

The 2012 Florida Legislature was surprisingly active on construction related issues considering the twin problems of reapportionment and a budget shortfall. Highlights include the passage of the crane regulation bill after years of trying. For registered contractors the ability to ...

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.

If you have not been paid for providing labor, services or materials on a construction job, you generally have the right to suspend your performance.  Your right to suspend performance may be described in your contract; if not, it will be determined under general principles of contract law. The first step in deciding whether you may properly stop work following nonpayment is to review your contract for the terms applicable to a non-payment situation.  The terms of the contract will control. 

A stop work provision is extremely valuable to the contractor or subcontractor ...

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.

Although Steve is an experienced mediator, active for more than 15 years, these certifications and appointments make it official.

If Steve can help in any of your mediations needs please contact our office.   

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.