The Barthet Firm

Solutions Found is not just a tagline for us; it is at the core of how we practice law. We understand that clients are interested in finding an answer to their problems and with more than 200 years of legal experience under our combined legal belt, we can cut through the legalese, identify the real issues, and pin down practical solutions. We know that value and responsiveness are important, and we appreciate the fact that in the real world business consequences matter more than legal theories.

The Barthet Firm Blogs

Latest from The Barthet Firm

If you’re a contractor doing any sort of repair, restoration, improvement or construction to a residential property in Florida, and receive a deposit or initial payment totaling more than 10% of the contract price, know you’re on a time sensitive clock.  You could even be exposed to criminal liability. Florida law requires such a contractor to apply for a permit within 30 days of receiving payment unless the work doesn’t require a permit.  And unless…
A tragic accident occurs. A motorcyclist collides with a car which he couldn’t see coming because of some large plants at the intersection – a preventable accident but for the obstructing shrubbery. Is the contractor who planted the shrubs responsible? Not necessarily, not according to the accepted work doctrine. Here’s why. Contractors, whose work has been approved and accepted, shall not be held liable to third parties for injuries suffered because of any dangerous condition…
When doing work for a tenant, what rights do you have regarding placing a lien on tenant improvements?  Not many, especially if the landlord/owner has incorporated lien prohibitions within the lease document. As any construction expert will tell you, a lien is a legal claim of one person upon the property of another to secure the payment of a debt.  If you’re doing work for a tenant, you are aware the tenant doesn’t own the…
If your construction project runs into trouble, you might begin to see a minor disagreement turn into a more serious legal dispute. And in no time, the word “breach” could start to surface in the correspondence you’re receiving. When that happens, should you worry? Probably so. Breach is a legal term used when one fails to honor a promise or to perform an agreed upon act, one that may be spelled out in a written…
You believe you’ve missed a lien deadline, and as a result might have missed your chance to get paid. Don’t give up! There are still options to exhaust. You may think you know the basic notice and lien rules, but do you also know there are exceptions: You must send any notice to owner within 45 days of your first work or delivery of materials to the site. Exception: If you have a direct contract…
You’ve likely heard that to recover your incurred legal fees in a case, you either have to have a prevailing party attorney’s fee provision in your construction contract or you must be suing or be sued under a statute which allows for the recovery of fees. That’s true. But what you may not know is that a proposal for settlement (previously called an offer of judgment) may also allow a party to recover his/her legal…
Ensuring you get paid on a public project can be tricky if there’s no bond.  As a subcontractor, a sub-subcontractor or a supplier, you may consider yourself lucky to have been selected for a public job. Why?  Because in the event you are not paid, you believe you can put your faith in payment bonds, a type of debt security that municipalities use to finance new projects and improvements.  But it doesn’t always work…
Who doesn’t want to have a detailed and coherent construction agreement in place on every job? It minimizes confusion, makes clear everyone’s respective responsibilities, and should reduce disputes. You can do so by simply making sure you address the following 6 topics. Define the scope You need to define what the scope of work is that you will be providing. Will it be only materials; will it be materials and labor; or will it be…