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Tag Archives: West Palm Beach Construction Litigation Attorney

ConstructLitig

Florida Supreme Court Issues Important Ruling in Construction Defect Notice Case

By Michael Pike and Daniel Lustig |

Recently, the Supreme Court of Florida issued an important decision in a case that centered on construction defect notices. In Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, the state’s highest court ruled that Florida’s pre-lawsuit notice and repair process constituted a claim, and thus was required to be recognized by the… Read More »

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Florida Construction Litigation: Fraudulent Liens

By Michael Pike and Daniel Lustig |

In Florida, construction contractors and subcontractors have valuable rights to protect themselves against non-payment and underpayment. Indeed, if Florida construction contractors are not paid for the labor and materials that they provide, then they can use a valuable collection tool known as a construction lien (mechanic’s lien). Under Florida’s construction lien statute, unpaid contractors… Read More »

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Florida Construction Law: Lien Transfer Bonds

By Michael Pike and Daniel Lustig |

Construction law in Florida is notoriously complex. Understanding just how the state’s construction lien statute applies to real world cases can be incredibly challenging. To ensure that contractors and subcontractors that operate within the state are able to protect their rights, our experienced West Palm Beach construction law attorneys have put together a quick… Read More »

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Florida Construction Law: ‘Pay-if-Paid’ and ‘Pay-when-Paid’ Clauses Explained

By Michael Pike and Daniel Lustig |

The construction industry is more complex than it has ever been. In the modern business world, most large and mid-sized construction projects must be completed by several different contractors and subcontractors. Notably, payment for a construction project often flows downstream. This means that the primary contractor actually gets paid, and then, in turn, pays… Read More »

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ContractDispute

Florida Court Rules Against Trump Golf Course in Construction Lien Case

By Michael Pike and Daniel Lustig |

No stranger to the headlines, President Donald Trump recently found himself in the news after his company lost a Miami-Dade County construction lien dispute. On April 12th, 2017, Florida’s Third District Court of Appeal issued a ruling in the case of Trump Endeavor LLC v. Fernich, Inc. d/b/a The Paint Spot. The appeals court… Read More »

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Did You Provide Labor or Materials for a Construction Project Without Receiving Payment?

By Michael Pike and Daniel Lustig |

You have legal options available. Florida law provides contractors with considerable tools to seek fair compensation for the labor and materials that they have provided to a construction project. While all standard contract rights also still apply, other legal options are available as well. Specifically, you may be able to get a construction lien… Read More »

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How Can You Protect Your Property From a Construction Lien?

By Michael Pike and Daniel Lustig |

A construction lien, also known as a mechanic’s lien, is a security interest in a property. Contractors, subcontractors and individuals who provide materials or labor in an effort to improve a property may be able to seek a construction lien under certain circumstances. Specifically, if these parties did not receive full and fair payment… Read More »

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Construction Failure: Design Professional Malpractice

By Michael Pike and Daniel Lustig |

Construction projects often involve design professionals such as architects, engineers or structural consultants. When hired, these professionals have a legal duty to provide services that fully meet the legal standard of care. If a construction failure occurs, a dispute can arise over whether or not this issue was caused by a design professional breaching… Read More »

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The Florida Construction Defect Statute

By Michael Pike and Daniel Lustig |

A construction project that did not go right is frustrating for all sides. Before property owners take any legal action against a developer, construction company, contractor or any other involved party, there are some strict requirements that must be followed under Florida law. Failure to do so can put legal rights in jeopardy. Conversely,… Read More »

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