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Construction Law: Qualifier/Qualifying Agreement, Sample Provisions, Florida General Contractor

subcontractor unjust enrichment

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more information, Click Here!) For any contracting business to legally operate in the State of Florida, a qualifying agent must be certified or registered with the Department of Business and Professional Regulation in the category of contracting in which the qualifying agent is … Read more

Significant Issues Test Applicable to Determine Attorney Fee Entitlement in Lien Foreclosure Actions

Significant Issues Test Applicable to Determine Attorney’s Fees Entitlement Under 713.29, Florida Statute for Lien Foreclosure Actions FRANK J. TRYTEK, et al., Petitioners, vs. GALE INDUSTRIES, INC., etc., Respondent. No. SC07-1641 SUPREME COURT OF FLORIDA 3 So. 3d 1194; 2009 Fla. LEXIS 257; 34 Fla. L. Weekly S 247 ” Trial courts are required to … Read more

Arrested for Unlicensed Contracting, We can help.

Arrested for Unlicensed Contracting Unlicensed Contracting Broward County and Dade County have been setting up stings and actively pursuing unlicensed contractors. If you have been arrested for the crime of unlicensed contracting, we can help. Andrew Douglas is a construction litigation attorney and former prosecutor, and can help you to achieve the best possible result … Read more

Andrew Douglas, P.A. Construction Attorney Representing Underground Utility and Excavation Contractors

Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Underground Utility and Excavation Contractors. A Underground Utility and Excavation Contractor is defined under Florida Law as: “Underground utility and excavation contractor” means a contractor whose … Read more

Andrew Douglas, P.A. Construction Attorney Representing Swimming Pool/Spa Servicing Contractors

Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Swimming Pool/Spa Servicing Contractors. A Swimming Pool/Spa Servicing Contractor is defined under Florida Law as: “Swimming pool/spa servicing contractor” means a contractor whose scope of work … Read more

Andrew Douglas, P.A. Construction Attorney Representing Residential Pool/Spa Contractor

Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Residential Pool/Spa Contractors. A Residential Pool/Spa Contractor is defined under Florida Law as: “Residential pool/spa contractor” means a contractor whose scope of work involves, but is … Read more

Andrew Douglas, P.A. Construction Attorney Representing Mechanical Contractors

Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Mechanical Contractors. A Mechanical Contractor is defined under Florida Law as: “Mechanical contractor” means a contractor whose services are unlimited in the execution of contracts requiring … Read more

Andrew Douglas, P.A. Construction Attorney Representing Air Conditioning Contractors

Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Air Conditioning Contractor. An Air Conditioning Contractor is defined under Florida Law as: “Class A air-conditioning contractor” means a contractor whose services are unlimited in the … Read more

Andrew Douglas, P.A. Construction Attorney Representing Commercial Pool/Spa Contractors

Andrew Douglas, P.A. Construction Attorney Representing Commercial Pool/Spa Contractors Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Commercial Pool/Spa Contractor. A Commercial Pool/Spa Contractor is defined under Florida Law as: “Commercial pool/spa contractor” means … Read more

Andrew Douglas, P.A. Construction Attorney Representing Plumbing Contractors

Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Plumbing Contractor. A Plumbing Contractor is defined under Florida Law as: “Plumbing contractor” means a contractor whose contracting business consists of the execution of contracts requiring … Read more

Andrew Douglas, P.A. Construction Attorney Representing Solar Contractors

Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Solar Contractor. A Solar Contractor is defined under Florida Law as: “Solar contractor” means a contractor whose services consist of the installation, alteration, repair, maintenance, relocation, … Read more

Andrew Douglas, P.A. Construction Attorney Representing Pollutant Storage Systems Contractors

Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Pollutant Storage Systems Contractor. A Pollutant Storage Systems Contractor is defined under Florida Law as: “Pollutant storage systems contractor” means a contractor whose services are limited … Read more

Andrew Douglas, P.A. Construction Attorney Representing Glass and Glazing Contractors

Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Glass and Glazing Contractor. A Glass and Glazing Contractor is defined under Florida Law as: “Glass and glazing contractor” means a contractor whose services are unlimited … Read more

Andrew Douglas, P.A. Construction Attorney Representing Roofing Contractors

Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Roofing Contractor. A Roofing Contractor is defined under Florida Law as: “Roofing contractor” means a contractor whose services are unlimited in the roofing trade and who … Read more

Andrew Douglas, P.A. Construction Attorney Representing Sheet Metal Contractors

Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Sheet Metal Contractor. A Sheet Metal Contractor is defined under Florida Law as: “Sheet metal contractor” means a contractor whose services are unlimited in the sheet … Read more

Andrew Douglas, P.A. Construction Attorney Representing Contractors

Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Contractor. A Contractor is defined under Florida Law as: “Contractor” means the person who is qualified for, and is only responsible for, the project contracted for … Read more

Does Corporation Need Attorney to Bring or Defend a Lawsuit?

Does a Florida Corporation Need to be Represented by an Attorney In Court? Yes, but with one exception. A corporation may not represent itself through non-lawyer employees, officers, or shareholders. Nicholson Supply Co. v. First Federal Savings & Loan Ass’n of Hardee County, 184 So.2d 438 (Fla. 2d DCA 1966); See also Szteinbaum v. Kaes … Read more

MythBusting: Lawsuit to Foreclose a Florida Claim of Lien- One year, No extensions!

There is a common misconception(myth) among contractors that the deadline to file a lawsuit on a claim of lien can be extended beyond the one year statutory period  simply by refiling the same claim of lien before the expiration of the first. This is inaccurate. Simply put, you have 1 year from the recording of … Read more

Pay-when-Paid Provisions in Construction Contracting

In construction contracting subcontractors need to be aware of “pay-when-paid”(pay-if-paid) clauses in their contracts with general contractors. The purpose of these provisions is to make payment by the general contractor (GC) to the subcontractor (sub) conditioned upon the GC receiving payment from the owner. Simply put, the GC wants to pay its sub for completed … Read more

Cited by OSHA for a workplace safety violation?

  OSHA, the Occupational Safety and Health Administration, is an agency of the Department of Labor. Its mission is to prevent work-related injuries, illnesses, and occupational fatality by issuing and enforcing standards for workplace safety and health. For simplicity’s sake, OSHA has officers which perform workplace inspections and issue citations for  non-compliance with  promulgated standards found in … Read more

The Miller Act: Recovering from the Bond on Federal Construction Projects

Overview The Miller Act requires that prime contractors for the construction, alteration, or repair of Federal buildings furnish a payment bond for contracts in excess of $100,000. Other payment protections may be provided for contracts between $30,000 and $100,000. The payment bond is required as security for the protection of those supplying labor and/or materials … Read more

Florida Construction Law: Serve a Notice to Owner to Preserve Lien Rights

The filing of a Notice to Owner is just one of many steps in perfecting a claim of lien under Florida law. The Notice to Owner is filed by a subcontractor or materialman who does not have a contract with the Owner. This notices simply lets the Owner know “hey, I am working on your … Read more

Local Preference in Florida Public Procurement

Generally, public works construction projects must be procured by  competitive bidding. Fla. Stat. 255.20(1).  However, the requirement for competitive bidding in Fla. Stat. 255.20 does not prohibit application of any small-business or disadvantaged-business enterprise program or any local-preference ordinance.Fla Stat. 255.20(i). Local Preference ordinances are used by governmental entities to help local businesses obtain public work, … Read more