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

A motion for protective order does not stay discovery until the motion is granted.   Momenah v. Ammache , 616 So.2d 121 (Fla. 2d DCA 1993). Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

Section 207b(b) of the Miller Act states that suit shall be brought in the name of the United States, for the use of the claimant, in the US District Court "for any district in which the contract was to be performed and executed and not elsewhere, irrespective of the amount in controversy in such suit."   Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

A bankruptcy court can use a "non-binding arbital decision as the basis for estimating a claim."   In re Enron Corp ., 2006 WL 544463 (Bankr. S.D.N.Y. 2006). Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

"An architect or structural engineer may avoid liability for negligent design if it is proven that deviations in construction are material and that the deviations have been the proximate cause of the damages claimed by the plaintiff."  Cincinnati Riverfront Coliseum, Inc. v. McNulty Co. , 504 N.E.2d 415 (Ohio 1986). Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

Section 489.121, Florida Statutes, provides: "I f an incomplete contract exists at the time of death of a contractor, the contract may be completed by any person even though not certified or registered. Such person shall notify the board, within 30 days after the death of the contractor, of his or her name and address, knowledge of the contract, and ability to complete it. If the board approves, he or she may proceed with the contract. For purposes of this section, an incomplete contract is one which has been awarded to, or entered into by, the contractor before his or her death, or on which he or she was the low bidder and the contract is subsequently awarded to him or her, regardless of whether any actual work has commenced under the contract before the contractor’s death." Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

"Perfection of substituted service requires strict compliance with the statutory prerequisites because such service is an exception to personal service."   Wyatt v. Haese , 649 So.2d 905, 907 (Fla. 4th DCA 1995). Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 www.trentcotney.com

A false payment application does not, in and of itself, invalidate an otherwise valid claim of lien.  CDC Builders, Inc. v. Rivera Almeria, LLC , 51 So.3d 510 (Fla. 3d DCA 2011) (also discusses criminal sanctions for misapplication of funds and signing a false pay app). Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 www.trentcotney.com

"Breach of contract requires proof of the parties' mutual assent, or meeting of the minds, on all the essential terms of their agreement."   Sam Rodgers Properties v. Chmura , 2011 WL 1565446 (Fla. 2d DCA 2011). Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 www.trentcotney.com

The statute of frauds is not a defense to a claim for quantum meruit or implied contract.  Harrison v. Pritchett , 682 So.2d 650 (Fla. 1st DCA 1996). Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 www.trentcotney.com

So long as the employee is not an owner of the company and    does not receive a benefit other than his or her salary and the fee for services as a notary public (as authorized by law) , the employee can notarize a document for the employer.  Section 117.107(12), Florida Statutes. Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 www.trentcotney.com

Filing a notice of appearance in a case does not waive your right to contest venue.   Podd v. Becker , 728 So.2d 1234 (Fla. 3d DCA 1999).   Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 www.trentcotney.com