Contingent payment clauses, commonly referred to as “pay when paid”, can be found in almost all Florida subcontracts. Such clauses require an owner to make payment to a contractor first before the contractor has a corresponding obligation to pay a
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.
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Do You Have a Good Lien?
Florida’s lien law (Florida Statutes §713.001-713.37) can help contractors, suppliers and construction professionals get paid. A good lien can act as a prime motivator in a contractor being paid what he/she is owed. However, the leverage that the…
Sound Contract Practices to Better Protect Your Company
You might be surprised to learn how many business people with a dispute don’t have any written agreement to back up their claim. Sound contract practices protect your company. It’s well worth sticking to these principles any time you agree…
Architect Not Always the Last Word in Construction Dispute
Most construction contracts include a procedure to address claims, with a key part of the process being an initial evaluation, usually by the project architect.The concept is not new. It has been a part of the American Institute of Architects…
Using Construction Liens to Get Paid
Using construction liens to get paid can be an effective way to protect your work – if you follow the lien rules.A lien is an encumbrance – a legal hold. This hold is placed on real property for the…
Don’t Lien for Non Lienable Services
A general contractor entered into a contract to remodel a house. He hired a number of subcontractors to complete the contracted work. The interior designer wasn’t one of them; she had a direct contract with the owner but she performed…
What to Do With That Check Marked Paid In Full
You are finally getting to the end of that large remodeling project. The wood decking is done, the replacement siding is in and the new kitchen appliances delivered. So you tally up those few remaining change orders and submit your…
What to Do With That Check Marked Paid In Full
You are finally getting to the end of that large remodeling project. The wood decking is done, the replacement siding is in and the new kitchen appliances delivered. So you tally up those few remaining change orders and submit your…
How do I get paid after sending notification to the surety?
You did the work but didn’t get paid. So you sent your notice of nonpayment and backup documents. Why won’t the bonding company pay? Why is it taking so long?It’s important to understand that a surety doesn’t work like…
How do I get paid after sending notification to the surety?
You did the work but didn’t get paid. So you sent your notice of nonpayment and backup documents. Why won’t the bonding company pay? Why is it taking so long?It’s important to understand that a surety doesn’t work like insurance.…