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.

Taking deliberate steps and paying close attention to contract dates and language will increase the likelihood of getting paid for your work. Thinking about and planning for these steps before you sign a contract will likely benefit your bottom line. Understand Your Contract Usually, it’s one sticky contract provision that prevents timely payment – or […] Source
The American Institute of Architects (AIA) defines substantial completion as “the stage in the progress of the work when the work or designated portion is sufficiently complete in accordance with the contract documents so that the owner can occupy or use the work for its intended purpose.” However, substantial completion can be frustratingly difficult to […] Source
What contractor hasn’t thought about pulling the crew off a job when things are just going from bad to worse? Maybe the contractor is not getting paid what was billed or the owner keeps asking for changes to the original scope of the work. Whatever the reason, it’s tempting to call it quits. Better think […] Source
One-sided contracts present scary terms that can put your work and business at risk. These terms – heavily favoring “one party” of the contract over the other – generally put the most pressure on subcontractors. They find themselves caught between provisions that benefit the general contractor and those that protect suppliers. Everyone signing a contract […] Source
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 the clock.  Don’t meet certain deadlines and you could even be exposed to criminal liability. Florida law requires residential contractors to apply for a permit within 30 […] Source
The Coronavirus changed our world in so many ways.  Everyone in every industry has been impacted, including construction.  And the one place where contractors have immediately made some changes has been with those previously ignored clauses in fine print within their contracts – clauses dealing with force majeure, delivery delays, price protections and government policies. Source
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.  Source
Exchanging a release for a check – or a check for a release – should be done with careful attention to the wording and meaning behind the document. Whether you are a general contractor or a subcontractor, what you want to give in a release, and what you want to receive, depends on your position. Generally, when someone is giving you a check, you want to provide as narrow a release as possible, maintaining the…
Property owners find themselves having to clean up or paint over graffiti sprayed on portions of their buildings.  It’s annoying and expensive, and could be more complicated than you might think.You see a group of graffiti artists sued a developer who had whitewashed their work.  The artists relied on the little-known Visual Artists Rights Act (VARA), something actually […] The post That Graffiti Could Be Art appeared first on Miami Construction Lawyers.…
These days, a lot of companies want their employees, especially those in key positions, to sign non-compete agreements. They want to be sure that if their employees leave, because they believe things may be better somewhere else, they won’t be allowed to call on the company’s customers or take business over to a competitor. For years, just having these […] The post Is that Non-Compete Enforceable appeared first on Miami Construction Lawyers.…