Construction Qualifying : No, your Qualifier doesn’t need an ownership interest in the Qualified Business.

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) There is no requirement for a qualifier to own a percentage of the qualified business. There is no requirement that the qualifier of your construction business must have an ownership interest in your company in order for the DPBR … Read more

Do I need to be licensed to perform certain Contracting or Electrical Work?

It is not always clear whether certain scopes of work require a licensed professional to perform, or if they can be performed by a handyman. The DBPR’s Construction Contracting website offers examples of services that require a person with a Florida license to perform.  The list is not all inclusive. Needs a License Does not … Read more

Foreclosing Construction Lien on Condominium for Common Area Work

Condominium Lien

Florida Lien Law, Fla. Stat. ch. 713 with Fla. Stat 718.121(2), provides that a construction lien based on labor performed on or materials furnished to common elements, when such contract work was authorized by the association, constitutes a lien against all condominium parcels. However, there are some particularities when enforcing such liens.  Contrary to popular … Read more

Unjust Enrichment Claims Against Project Owner, Not so Fast.

subcontractor unjust enrichment

When are subcontractor claims against an owner for unjust enrichment appropriate ? In Maloney v. Therm Alum Industries, Corp., 636 So. 2d 767 (FL. 4th DCA 1994), the Court held that a subcontractor could not sue an owner for unjust enrichment unless and until the subcontractor had exhausted its legal remedies against the general contractor with … Read more

Oral Modifications to Construction Contracts, Florida Construction Law

Oral Modifications to Construction Contracts, Florida Construction Law Many written contracts between contractors and owners contain provisions to the effect of “all modifications to this contract must be made in writing.” And when litigation invariably arises from  non-payment for modifications that are performed without  being reduced to a written change order, or other writing, a … 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

Calculating Damages for a Partially Completed Construction Project

As a construction attorney the issue of how to calculate damages comes up often. Generally, a contractor has their own idea on how to calculate its damages, but generally they are not correct. In the case where a contract is substantially completed  , the contract price between the parties will likely govern the value of work … 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

Contingency Cases: Commercial Litigation, Florida Attorney

Contingency Cases Most attorneys only take commercial litigation cases on an hourly rate basis. We take contingency construction cases. Call us for a case evaluation to see if your case qualifies for contingency fee representation. Contingency Cases Contingency Cases  – a contingency fee structure is available for certain construction case.  We look at different factors in determining … Read more

Contingency Construction Cases – Florida Construction Attorney.

Contingency Construction Cases Most attorneys only take construction cases on an hourly rate basis. We take contingency construction cases. Call us for a case evaluation to see if your case qualifies for contingency fee representation. Contingency Construction Cases Contingency Construction Cases  – a contingency fee structure is available for certain construction case.  We look at … Read more

Skip to content