Florida Construction Law

Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner.  The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished. The Notice to Owner must be served before commencing, or within 45 days of commencing, to furnish the services or materials (but before owner's final payment to the contractor). A lien cannot be enforced unless the lienor has served the Notice to Owner as described above.   (excerpt from www.myfloridalicense.com). Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

Contractors should address residential job site control in their contracts to determine who is responsible for safeguarding the property when the contractor is not present.  Normally, this is the contractor's responsibility.   Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Plans and specifications do not need to be attached to the complaint if they are overly voluminous.  See United States v. Goodman , 287 F.2d 871 (5th Cir. 1961). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

A contract provision that decreases the statute of limitations is void.  Section 95.03, Florida Statutes. Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

"Dismissal of a cause of action as sanctions for failing to obey an order requiring discovery is a drastic remedy which should be used only in extreme situations."   Momenah v. Ammache , 616 So.2d 121 (Fla. 2d DCA 1993). Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

A guaranteed energy savings contract should have special provisions governing the timing and scope of audits and reviews. Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

Construction liens apply to private property only and cannot encumber government-owned property.  Section 713.01, Florida Statutes. Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com