A breakup is often compared to a broken mirror: better to leave the pieces than risk more damage by trying to pick them up. But when it comes to business relationships, that kind of quick, clean split is often
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 7
Ethics and Safety Responsibilities in Construction
Ethical behavior is defined by a set of ideals and moral principles, a system of values guiding one’s conduct. It is in the end society’s sense of what is the right way of acting, working and living. The concept dates…
Are Contingent Payment Clauses Enforceable in Florida Construction Subcontracts?
Contingent payment clauses can be found in almost all Florida subcontracts. These clauses require an owner to make payment to a contractor before the contractor has any obligation to pay the subcontractor.[1] These clauses continue to expand in…
I’ve been sued. Now what?
By Alex Barthet
Hopefully you can keep construction dispute from moving into the legal arena. But if you are sued or inclined to initiate legal proceedings, here are key things to keep in mind.First, remember that anyone can sue anyone for almost anything.…
Non-Competes Not Always Enforceable
By Alex Barthet
These days any employee critical to a company’s continued success and profitability is likely to be asked to sign a Non-Compete, Non-Solicitation and Non-Disclosure Agreement. In enforcing such agreements, courts look to see if the restrictions actually protect “legitimate business interests.”So…
I don’t have a signed contract. How do I lien and get paid?
By Alex Barthet
You may be surprised, but you can still lien and get paid without a signed contract.A contract is a meeting of the minds. Two parties agree in principal to certain key terms about what is expected of each of them.…
Pocketing the Boss’s Money
By Alex Barthet
75% of all employees have stolen at least once from their employers, and more than two thirds have stolen more than once according to Statistic Brain Research Institute. This amounts to a 50 billion dollar loss a year. Wow! When…
Safeguarding Your Rights As a Supplier
By Alex Barthet
As a supplier, protecting your rights to get paid is critical for the long-term health of your business. Not knowing the value of liens and bonds, and how each can safeguard your payment, can be a big problem. Likewise not…
Construction Contract Clauses Post-Coronavirus
By Larry Cook
One thing that will change in the post-Coronavirus world will be protection clauses in construction contracts. “Legal” terms once buried in fine print, like “force majeure” and “frustration”, will be closely reviewed by contractors, owners and their legal advisors in…
Independent Contractors in Construction
By Jose Llerena
Are those Independent Contractors or Employees on the Job: It’s a Matter of Control. The use of independent contractors and gig workers has seen a steady rise over the last few years. Nowhere is this more apparent than in the…