Dear Clients and Friends, With the remnants of Hurricane Florence causing destruction on the Eastern seaboard, we commemorate the one-year anniversary of Hurricane Irma. Hurricane Irma caused damage that is still being addressed. What lessons did your community learn? Were you prepared before the storm with adequate hurricane protection on your property and emergency procedures […]
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How Owners Can Avoid Litigation on Construction Projects
Diverse Professionals Serving our Clients and Community
Hurricane Irma Clean Up Contract
Federal and State Public Government Disaster Assistance Information
Concrete Repairs – Some Matters to Consider
Representative developer clients & projects of Becker & Poliakoff’s Real Estate Group
Bahri Developments Corp. Villas of Maydana Condominium (Miami-Dade County) Barrington Group Carolina Landings Savannah Preserve Residences at Longbar BAP Development Cypress Club The Opera House The Onyx The Onyx 2 Premiere Towers Bob Butler Seaside Key West Residences Brickellinvest Bayshore Palms, a Condominium Centerline Homes CMC Group Bristol Tower Limited Partnership Bristol Tower, a Condominium […]
Read MoreSignificant Cases: Construction
The Firm has been a leader in Construction law in Florida as evidenced by serving as counsel of record in many of the leading appellate cases involving construction law including, but not limited to, the following: Moransais v. Heathman, 749 So.2d 973 (Fla. Supreme Court): This Florida Supreme Court overturned it’s previously held view of […]
Read More2012 State Legislative Accomplishments
Algenol Biofuels The State Lobbying Team opposed and successfully worked to stop House Bill 4013. The bill would have repealed the requirement that ten percent of motor fuels contain ethanol. Being that Florida is a leader for the bio fuel industry, any attempts to repeal this requirement would have sent a negative message to many […]
Read MoreWhat Developers and Contractors Need to Know About Destructive Testing
Chapter 558 Fla. Stats. is Florida’s pre-suit notice and right to cure procedure, which applies before property owners may assert a claim against a developer, contractor, subcontractor or design professional for construction and design defects. It expressly provides for “destructive testing” of the defective areas of the property via written request and mutual agreement. Destructive testing may […]
Read MoreOverview of Florida’s Ch. 558 Process for Developers
Construction problems, such as design defects, poor workmanship, code violations and the like could arise after any construction project, and may signal the beginning of a construction defects claim. Chapter 558, Fla. Stats. is Florida’s pre-suit notice and right to cure procedure, which applies before property owners assert a claim for damages against a developer, […]
Read MoreNew Law Impacts Bidders’ Access to Public Records and Evaluation Committee Meetings
On June 2, 2011, Governor Scott signed HB 7223 into law. This new legislation amends Florida’s Public Records and Sunshine Laws, by expanding “exemptions” applicable to bids, proposals and replies to sealed competitive solicitations, and closes evaluation meetings from the public in certain instances. First, Section 119.071, Florida Statutes was amended to provide that sealed bids, proposals, or replies […]
Read MoreOverview of the Ch. 558 Process for Property Owners
Owners are responsible for monitoring their property for signs of construction problems, which may include design defects, poor workmanship, code violations and the like. Problematic conditions could arise during or after any construction project, such as roof repair and/or replacement, concrete restoration, elevator upgrades and repairs, and work on the air conditioning systems, to name […]
Read MoreFinding a Basis to Protest
Suppose you have lost a bid, or you are not the top ranked proposer. Obviously the agency must have made a mistake, right? Now you are ready to file your protest and challenge the award. All you need is a reason or two, but not every reason will do. You need sufficient grounds to protest. […]
Read MoreGovernment Food Service Contracts Can be Profitable – for Those Who Qualify
Opportunities in today’s food service business are not limited to the private sector. Government at all levels can also be an important customer for food service operators. To decide whether a government concession is right for an operator, here are some basics they need to know. Available Opportunities The types of government food service contracts […]
Read More2010 State Legislative Accomplishments
American Traffic Solutions Passed HB 325, the Mark Wandall Traffic Safety Act. This legislation authorizes governments to use cameras to enforce red light violations. The penalty for a red light violation is a fine of $158. When a local government enforces the statute, it receives $75. We worked with ATS for several years to pass […]
Read More2009 State Legislative Accomplishments
1. Access Health Solutions Monitored legislation that would have negatively affected minority physician networks and their contracts with the Agency for Health Care Administration. 2. Accredited Surety & Casualty Company, Inc. Advocated for legislation revising bail bonds statutes. 3. American Council of Life Insurers Successfully prevented a hearing on legislation that would have negatively affected […]
Read MoreConstruction Lawyer’s Guide to the 2007 AIA A201 “General Conditions of the Contract for Construction”
2008 Florida State Legislative Accomplishments
1. Brian Daiagi – Claims Bill H B 797 Relief for Brian Daiagi Florida ‘s Constitution requires individuals with judgments in excess of $200,000 against a governmental entity to appeal to the Legislature with a Claims Bill. The Claims Bill for Mr. Daiagi was the result of a jury verdict awarding him $3.9 million dollars […]
Read MoreThe 2005 Florida Legislature
As we do every year, we are writing to advise you of changes to construction related statutes promulgated by the 2005 Florida Legislature. The new statutory changes are as follows: Alarm System Contracting House Bill 0041 amended §633.702, Fla. Stats., to provide for a criminal penalty for intentionally or willfully installing, servicing, testing, repairing, improving […]
Read MoreThe Bleak Future of Tenancy by the Entireties Holdings as an Asset Protection Tool
Holding assets as tenants by the entireties presents such distinct and real problems that it is best to refrain from using these types of holdings as a primary method to protect and preserve wealth. Ask yourself as a lawyer, business person, entrepreneur, or professional whether holding assets (or having clients hold their assets) as tenants […]
Read MoreThe Lie of the Truth About Business Trusts
I consider myself a very lucky person in that I had the opportunity to spend a considerable time in the company of my grandmothers. As we all know grandmothers tend to be quite intelligent and can be rather philosophical at times. My grandmothers were no exception. One of Rose Cahan’s (aka Nana Rose) favorite expressions […]
Read MoreThe Inadvertent Waiver of Mandatory Construction Arbitration Clauses
In 1996, the American Arbitration Association received more than 4,000 requests to resolve construction-related disputes involving in excess of $900 million dollars.1 As construction industry groups continue to include arbitration provisions in their form documents, it is anticipated that the use of arbitration will continue to increase.2 Nationally, arbitration is recognized as an expedient, low cost […]
Read MoreCountry Club Design, Construction and Renovation: Contract Provisions that Protect the Owner
The country club industry represents big business for Florida’s design and construction industry. As new country club communities emerge and existing clubs embark on major renovations, owners of such projects face unique challenges. Members expect uninterrupted access to the club during construction and timely completion within budget. These objectives become difficult and often overwhelming to […]
Read MoreConstruction Defects and Deficiencies: Promptly Investigate Problems to Preserve Legal Remedies
Imagine that you are sitting on the Board of Directors of the XYZ Condominium Association. The owner of a penthouse unit calls to complain of water stains that have appeared on a bedroom ceiling. A quick check of the calendar reveals that statutory warranties have expired for the building. The developer is contacted and sends […]
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