Will My Contractor’s Insurance Pay Me When He Screws Up?
Contractor Conflicts
by Alex Barthet
5y ago
Will My Contractor’s Insurance Pay Me When He Screws Up?You might not want to think about it, but sometimes construction does not go as planned. So, when you hire a contractor, it’s very important that you obtain the contractor’s certificate of insurance.  Not only will this let you know whether or not the contractor is actually insured but it will help you understand the scope of the insurance he or she may have. In this article, we will discuss what is generally covered and what is not by a contractor’s insurance policy if the contractor makes a mistake, and will you get paid if the contract ..read more
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Stop! Don’t Accept Your Contractor’s Release
Contractor Conflicts
by Alex Barthet
5y ago
Stop! Don’t accept your contractor’s releaseBefore you provide your contractor a check and accept your contractor’s release, here are the four things you need to keep in mind.The statutory release form does not release all claimsThe statutory release is a form that is found in chapter 713.20 of Florida Statutes. In essence, it is a form for both a partial and a final release through the time shown on the release. What do you need to know about the statutory 713.20 release? The most important thing you need to know is that this release form only releases the contractor’s lien rights. It release ..read more
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Do I need an original signature to have an enforceable agreement?
Contractor Conflicts
by Alex Barthet
5y ago
Do I need an original signature to have an enforceable agreement?Some weeks ago, we received a question from a client. It was “Do I need to be in possession of an original signature on my contract, change order or release in order to have a valid and binding agreement?” The short answer is, no you don’t.You have a binding agreement as long as there is a meeting of the minds between you and the other side. The reading document is merely a manifestation of your agreement, but there are other ways parties can show their agreement. It doesn’t always have to be a signature – they can verbally agree ..read more
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Are You Sure That Contractor You Hired Is Licensed?
Contractor Conflicts
by Alex Barthet
5y ago
Are you sure that contractor you hired is licensed?Request the contractor’s license number and verify itObtain references from the contractor and check them outSearch the contractor’s name and the company’s name on GoogleGet a copy of the certificate of insuranceYou are excited about this construction project you are about to undertake and you should be. This is an exciting time – you are building something for your family or maybe it’s a commercial building. You have now found either through recommendations or online, some folks that you think are qualified to do the job.This is where the har ..read more
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4 Ways To Reduce Legal Fees On A Construction Case
Contractor Conflicts
by Alex Barthet
5y ago
4 Ways to Reduce Legal Fees on a Construction CaseProperly sort your documentsMake sure you stay updated with your caseAlways request a rough estimate of different tasksDecide with your attorney the best way to go about your case and stick with itOrganize your filesThe more organized you are in keeping and sorting your construction records, the less time your construction lawyer is going to need to spend in understanding and organizing the case and your documents. This means you are going to spend less money on legal fees. A client once came into our construction law firm and brought boxes of ..read more
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When Does Winning Feel Like Losing?
Contractor Conflicts
by Alex Barthet
5y ago
When Does Winning Feel Like Losing?Winning can feel like losing when it comes to legal feesAlways include a standard prevailing party attorney’s fee provision in your contractSometimes winning can feel like losing when it comes to legal fees. Imagine that you have invested thousands, or tens of thousands, or even maybe hundreds of thousands of dollars in legal fees to win a case and now you have won. Great, but you still have to recover your attorney’s fees to be made whole. Here are the things you need to consider in order to recover your legal fees.Did you have a contract with your contracto ..read more
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Are Lost or Damaged Items Lienable
Contractor Conflicts
by Alex Barthet
5y ago
Are lost or damaged items lienable?The law allows a lien to attach to equipment and material incorporated into the final productAccording to the lien laws, equipment and materials are meant to be installed in the project permanently. So if equipment is lost or damaged, it clearly means it has not been incorporated into the final product.Although the lien law does allow for what is called normal wastage, lost material or damaged equipment doesn’t fall into that category. So, if you lien a project with lost or damaged material, you run the risk that someone can claim your lien is fraudulent.A re ..read more
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How Long Do I Have To Sue My Contractor For Defective Work?
Contractor Conflicts
by Alex Barthet
5y ago
How Long Do I Have to Sue My Contractor for Defective Work?You have four years to file a suit against a contractor under a theory of negligenceThere is a statute of limitations of five years on incidents of breach or defaultWhen a performance bond is included in your contract, you have two years to take a legal action against the defaulting contractorUnder no circumstances can you bring an action against your contractor after 10 years from the time that the action accruedThe time you have to sue your builder or contractor after you discover a construction defect with your home, warehouse, cond ..read more
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If You Are Going To Get Your Job Bonded, Make Sure You do This 1 Thing First!
Contractor Conflicts
by Alex Barthet
5y ago
If you are going to get your job bonded, make sure to do this one thing first!Ensure the necessary documents are recorded with the notice of commencementDoing this makes lienors aware that the job is bondedIt also keep your property free and clear of liensYou are working on a project at the initial stages. You have picked an architect. Maybe you have even picked a contractor and decided that you are going to have your contractor bond the job. What is the one thing you need to make sure you do to protect yourself once you have decided to go through the time, effort and expense of getting your c ..read more
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Cross Default – An Absolute Critical Contract Term You Need
Contractor Conflicts
by Alex Barthet
5y ago
Cross Default – an absolute critical contract term you need As an owner, you need to include a cross default provision in your contractThe provision pulls money from other contracts you may have with the same contractor to satisfy any loss you sufferSophisticated owners that hire contractors over and over again need a provision in their contracts called a cross default provision. The provision says that if you have a breach of contract on one contract with your contractor, then that constitutes a breach on every other contract you may have with that same contractor, even if the contractor is n ..read more
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