Linkhorst & Hockin, P.A. » Construction Law
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Linkhorst and Hockin, P.A., an AV-Rated boutique law firm, excels in construction law and litigation. Led by Board Certified partners Adam C. Linkhorst and John A. Hockin, they advocate for various construction stakeholders in disputes and offer transactional services. A Florida construction lawyer from Linkhorst and Hockin, P.A. provides expert guidance on navigating stop-work order..
Linkhorst & Hockin, P.A. » Construction Law
3d ago
Working in the construction industry can be frustrating. Contractors and laborers may do a lot of work on a property, only to face payment issues from customers. They may refuse to pay simply because they’re short on money or maybe they have an invalid reason.
It does not matter. A person who has performed work on a construction project has the right to get paid, under Florida law. If you are facing payment issues, see how you can get proper payment with the help of a mechanic’s lien. Here’s a look at some questions that are commonly asked about the process.
Q: Who is allowed to file a mechani ..read more
Linkhorst & Hockin, P.A. » Construction Law
1w ago
Teens have a lot to worry about. High schoolers are dealing with puberty, boyfriends and girlfriends, and thinking about college. They should not have to worry about the possibility of being put into unsafe situations and work and possibly getting seriously injured or killed.
Unfortunately, serious workplace accidents are a real possibility for Florida teens due to a new bill that is being pushed to the Senate. The bill, SB 460, would allow minors over the age of 16 to work non-clerical jobs on residential construction sites. The bill recently cleared its final committee stop in a 13-4 vote an ..read more
Linkhorst & Hockin, P.A. » Construction Law
2M ago
In the construction field, there are always opportunities for issues to arise. This is especially true with larger projects that have a lot of money involved. One issue that a contractor may have to deal with is a stop-work order.
As the name implies, a stop-work order requires the receiver to immediately stop working on a project, per Florida law. Regardless of the reason, it is crucial that the contractor stops work or else they could be harshly penalized or even become the target of a lawsuit. In fact, conducting any business operations after receiving a stop-work order is a third-degree fe ..read more
Linkhorst & Hockin, P.A. » Construction Law
3M ago
Not everyone can get a contractor’s license. You need to display a lot of knowledge about the industry. But even once you get your license, you need to work hard to keep it.
As long as you follow the laws and stay out of trouble, you should be fine. However, many contractors get into trouble for various reasons. One wrong move can lead to license suspension or revocation.
Getting a contractor’s license is a huge responsibility. Make sure you follow the laws. Here’s what you need to know.
What the Law Says
Under Florida Statutes Section 469.009, a contractor’s license may be suspended or revoke ..read more
Linkhorst & Hockin, P.A. » Construction Law
3M ago
As a construction professional, you want to protect your right to work. You don’t want to lose out on your ability to work on a project simply because the client doesn’t want you there for some reason, but the truth is that they have the option to do so. This is called “termination for convenience” and it’s a clause that’s now found in many construction contracts.
A “termination for convenience” clause states that a property owner may terminate a contractor at its convenience for no reason at all. There does not need to be any breach of contract in place. However, the clauses typically require ..read more
Linkhorst & Hockin, P.A. » Construction Law
4M ago
It seems like scams happen everywhere. People all over Florida are engaging in fraud schemes to part residents of their hard-earned money.
This is especially true when it comes to rebuilding homes after a disaster. After Hurricane Ian hit Florida hard in September 2022, people wanted to take advantage of this. There were signs stating that it was against the law to work as a general contractor without a license.
Despite the literal signs, many people proceeded to sell their services as contractors, plumbers, and electricians without a license.
Since August, three Southwest Florida residents ha ..read more
Linkhorst & Hockin, P.A. » Construction Law
5M ago
Contractors always need to be aware of changes to state and federal laws and how these laws will affect their businesses. In early July, Florida’s immigration law went into effect. The law states that all private employers with 25 or more employees will be required to use the E-Verify system.
The E-Verify system checks a person’s eligibility to work. It asks for proof of citizenship in the United States, which can be verified through birth certificates, Social Security cards, passports, and permanent resident cards (green cards). The problem is that most immigrants don’t have any of these docu ..read more
Linkhorst & Hockin, P.A. » Construction Law
5M ago
The purpose of the Occupational Safety and Health Administration (OSHA) is to protect the safety of millions of employees across the US, and the agency has specific rules for the construction industry. OSHA standards for construction cover such issues as fall protection, protective personal equipment (PPE), and use of tools. They also impose standards on ladders and scaffolding, since falls can lead to serious accidents on construction sites. Contractors are required to adhere or exceed construction standards, and OSHA enforces compliance by conducting inspections.
If OSHA comes to call for an ..read more
Linkhorst & Hockin, P.A. » Construction Law
5M ago
There are often new laws that go into effect at the start of the year, but one implication that affects Florida contractors in 2023 actually dates back to legislation enacted in 2021. The Florida statute on registration of contractors was amended to address the activities of local governments, such as counties and municipalities, as they pertain to licensing. For most licenses required in industries across the board, the Florida Department of Business and Professional Regulation (DBPR) has authority. However, some local governments have imposed registration, certification, or other credentials ..read more
Linkhorst & Hockin, P.A. » Construction Law
5M ago
As a general contractor, you’re probably familiar with the Occupational Safety and Health Administration (OSHA). OSHA helps make workplaces safer by performing inspections and investigations. OSHA may come out to inspect a work site if there has been a report of unsafe practices. The agency may also come out and investigate a work environment after a workplace accident causes an injury or fatality.
OSHA recently announced proposed changes to the laws stating who can represent a company during a workplace inspection. This is called the Worker Walkaround Representative Designation Process and th ..read more