Why Mediation Can Be the Best Option For a Construction Dispute
Construction disputes are unfortunately common, arising from disagreements over project timelines, costs, quality of work, or even communication breakdowns. These disputes can stall progress, create financial strain, and escalate into lengthy legal battles. While litigation or arbitration may seem like the default routes for resolution, mediation is increasingly being recognized as an...
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How To Identify Construction Workmanship Defects And Hold Parties Accountable
Construction projects are major investments, whether for residential, commercial, or industrial purposes. Unfortunately, poor workmanship or defects can undermine the value and safety of the property. Property owners must recognize and address these issues promptly. This blog from Boatman Ricci explores how to identify workmanship defects, understand your rights under Florida...
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Supply Chain Problems During a Construction Project: Who Is at Fault?
Supply chain problems can disrupt even the most well-planned construction projects. A delayed shipment of materials or unexpected shortage of supplies can bring work to a halt, frustrating everyone involved. These disruptions often lead to increased costs, extended timelines, and strained relationships among contractors, suppliers, and property owners. Understanding who may be...
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Construction Defects & Section 558 of the Florida Statutes
What is a Construction Defect?
Florida Law defines a construction defect as “a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property” which results from certain causes such as a...
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PROTECTING YOURSELF FROM YOUR CONTRACTOR’S FAILURE TO PAY
I am a Florida property owner getting ready to start a major improvement project. Do I have to worry about protecting myself from my contractor not paying his sub-contractors, suppliers, or labor providers? The answer is YES! Florida...
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CONTRACTORS BEWARE: PUBLIC ADJUSTING WITHOUT A LICENSE
Contractors, including disaster clean-up companies, are often the first people called to the scene when a major property damage event occurs. Some contractors are very experienced in handling repairs or restoration work which is related to an insurance claim. However, within the context of handling repairs that are the subject of an...
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EQUITABLE LIEN: AN ALTERNATIVE TO A CONSTRUCTION LIEN
Contractors sometimes have a hard time getting paid for construction work done at a home or other property. As a remedy, generally, a contractor can file a construction lien against the property until the debt by the property owner has been paid. You can find information on how and when a construction...
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RETROACTIVITY OF NEWLY-ENACTED LAWS IN THE CONDOMINIUM CONTEXT
In Florida, Homeowners (HOA) and Condominium Owners (COA) Associations are governed by Chapters 718 and 720, Florida Statutes as well as their recorded declarations and other governing documents. From time to time, the Legislature will make amendments to Chapters 718 and 720, Florida Statutes. An important question arises...
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Owner’s Liability for Hiring a Negligent Contractor
Oftentimes, we hire individuals or companies based upon very little investigation. Such was the case in Suarez v. Gonzalez, 820 So. 2d 342, (Fla. 4th DCA 2002). In Suarez, an owner's daughter hired a handyman and paid him in cash. There was no contract. The owner could not remember the man's name,...
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HOW DO I PROVE A CONSTRUCTION DEFECT EXISTS?
Question: "How do I prove that a construction defect exists?”
The best way to prove construction defect is through the testimony of an expert. An engineer is the best person to hire. The engineer can...
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