When Florida homeowners hire a contractor for construction or renovation, it’s common to pay a deposit upfront. But what happens when the contractor cashes the check—and then disappears or fails to begin the job? While many homeowners assume they can cancel the contract outright, the law is more nuanced. Florida Statute § 489.126 does not give a … Read more
If a (non-owner) interested party (Contractor, Subcontractor) transfers to cash a lien placed on the Owner’s property, is that party perpetually obligated to increase security upon motion and order obtained by the foreclosing plaintiff for the pendency of the case. The law is unsettled, but seems to answer this question in the negative. Florida Law … Read more
One of the first things an attorney thinks about when defending claims based on oral contracts is whether such claims are barred by the Statute of Frauds. The State of Frauds is a common law defense which has been incorporated into statute in Florida. Traditionally, the Statute of Frauds requires a signed writing in the … Read more
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