According to the AIA, the 2017 document set simplifies the payment provisions found in the older documents. In order to simplify the payment provisions, the AIA merely reorganized the items to be listed in a payment application such that those that are to be included in the payment applications are listed first, followed by a
construction
Florida Construction Contracts: Significant Changes in the 2017 AIA Documents – E204-2017 Sustainable Project Exhibit
By W Mason on
The new E204 Sustainable Projects Exhibit addresses the risks and responsibilities unique to projects involving sustainable design and construction. The AIA has taken many of the provisions
found in various AIA contract documents related to sustainable projects and has created a single exhibit. The procedures and terminology related to sustainable projects is identical the former…
Florida Construction Contracts: Significant Changes in the 2017 AIA Documents – Evidence of Owner’s Financial Arrangements
By W Mason on
The 2017 revisions to the A201 improves the Contractor’s ability to request and obtain financial information from the owner throughout the project. On most projects, Owner’s typically create a single purpose legal entity, usually an LLC, that owns the real property where construction takes place. The legal entity typically enters into the construction contract with…
Florida Construction Contracts: Significant Changes in the 2017 AIA Documents – Digital Data Use and Transmission
By W Mason on
Because of advancements in the use of digital technology in the administration of construction contracts, the 2017 AIA documents now default to the AIA’s Digital Data Use and Transmission protocol established in 2013 as set forth in the E203. Section 1.8 of the A201 now provides that the contractor’s reliance on BIM modeling will be…
Florida Construction Liens: Contents of a Claim of Lien
By W Mason on
The form and contents of a claim of lien are set forth in Fla. Stat. § 713.08. The claim of lien must expressly state:
- the name of the lienor and the address where notices or process under the Construction Lien Law may be served on the lienor. Fla. Stat. § 713.08(1)(a).
- the name of
…
Florida Construction Liens: Defining “Contractor” in Florida’s Construction Lien Law
By W Mason on
A “contractor” is a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it. A “contractor” can also be one who takes over from a prior contractor as so defined in order to complete the entire remaining work under such a contract. The term…
Florida Construction Liens: Licenses and Construction Liens
By W Mason on
Florida law governs who can enforce a construction lien. Under the construction lien statute, a contractor, a subcontractor, a sub-subcontractor, a material man who contracts with an owner, a contractor, subcontractor, or sub-subcontractor; a laborer, or a “professional lienor” are entitled to enforce a construction lien under the statute. Fla. Stat. § 713.01(18).
A valid…
Florida Construction Liens: Insurance Proceeds and Construction Liens
By W Mason on
Florida Construction Liens: Insurance Proceeds and Construction Liens
When an improvement covered by property damage insurance is damaged or destroyed and the owner, contractor, or subcontractor is paid for the destroyed improvement, the person or entity receiving the insurance proceeds holds those funds in trust for the lienors holding liens related to the destroyed or…
Florida Construction Liens: Construction Liens on Leased Property
By W Mason on
When entering into a lease, especially for commercial property, the parties often contemplate that the tenant will make improvements to the leased premises. The question arises: is the property subject to a construction lien where the contract for improvements is with the tenant? The Florida Supreme Court answered this question with the following test:
If…
Florida Construction Liens: Property Subject To a Construction Lien
By W Mason on
As a threshold matter, it is often important to determine whether Florida law permits a construction lien to be placed on a particular property. In order for Florida lien law to be applicable to a property, there must be a contract between a person performing services and/or providing materials and a nongovernmental owner of property…