Based upon the U.S. Bureau of Labor Statistics, the first half of 2021 was strong for the construction industry. The seasonally adjusted annual construction spending continues to rise and is above the spending for both 2019 and 2020. Although labor
The Lien Zone
The Lien Zone, published by The Barthet Firm, focuses on legal issues related to the construction industry in Miami and South Florida. The blog covers topics such as construction contract disputes, lien claims, bond claims, payment issues including pay-when-paid and pay-if-paid clauses, warranty claims, bid disputes, job delay damages, payment holdbacks, and change orders. It also addresses workers' compensation in construction, homeowner insurance claims related to construction damage, and legal requirements like the Construction Recovery Fund Notice for residential projects. The content aims to inform construction professionals and homeowners about practical legal solutions and industry-specific regulations.
Latest from The Lien Zone - Page 2
There Will Be Changes—After the Champlain Towers Collapse
By Larry Cook
“Quality is remembered long after price is forgotten” So said Aldo Gucci, the chairman of the famous Gucci fashion house from 1953 to 1986. On Thursday, June 24, 2021, at approximately 1:25 a.m. EDT, Champlain Towers South, a 12-story beachfront…
And You Thought You Had Problems
By Larry Cook
A prominent South Carolina attorney whose wife and son were brutally murdered—and who has since been shot in the head, accused of misappropriating law firm funds for his personal benefit, ousted from the law firm his great grandfather started 100…
How to Deal with Weather Delays
By Alex Barthet
With hurricane season upon us, contractors, especially those in South Florida, need to be attentive to the limitations within any contract they sign relative to weather delays. Is the delay excusable (not in the control of the contractor) versus inexcusable (caused…
Is a Verbal Agreement Valid?
A common but mistaken belief is that a verbal contract isn’t any good and can’t be enforced. This is not true. In Florida, and in many other states, a contract need not be in writing to be binding. Whether written or…
Satisfaction of Lien Generally Requires Payment of Legal Fees
Everyone involved with construction is familiar with liens. They are the go-to tool for general contractors, subcontractors and their suppliers when payment may be in jeopardy or an issue arises that keeps the owner from paying what may be due.…
Ensure Non-Compete Agreements Are Enforceable
It happens often: A company owner discovers that one of its projects has been diverted to a competitor. The owner digs into the situation and finds, to his surprise, that the customer’s emails directed to the company’s project manager asking…
Who’s at Fault: Architect or Engineer
When a building unexpectedly collapses, as happened in Surfside, everyone begins to think who may be to blame. And high on everyone’s list is likely to be the architect and the engineer. Of course, it is generally assumed that the…
Ethical Responsibilities in Construction: The Aftermath of the Surfside Building Collapse
By Alex Barthet
The Surfside building collapse has brought into focus a number of concepts, chief among them the ethical responsibilities of contractors, engineers, architects, inspectors, and even the board members of homeowners or condominium associations. Ethical behavior is defined by a set of…
Dealing with Construction Defects at Champlain South Tower Condominium
By Alex Barthet
As the nightmare of the Surfside building collapse sinks in, folks are beginning to explore who may be responsible for repairing and replacing the extensive damage. The answer, as with many legal questions, is, “it depends.” Historically, the condominium purchaser…