READY LEGAL

What Does My Construction GL Policy Cover?

As a contractor, ensuring the proper coverage for your business is paramount to safeguard against unforeseen risks. One important part of your insurance policy that demands attention is General Liability (“GL”) insurance. While GL policies provide important coverage for various scenarios, understanding their limits is crucial.

What General Liability Insurance is Intended to Cover:

General liability insurance is a fundamental component of a contractor’s risk management strategy. Its primary purpose is to protect against third-party claims for things like bodily injuries and property damage. This coverage usually extends to damage caused to the customer’s property and other portions of the building outside of the actual work being done.

For instance, if a roofer accidentally damages a customer’s sidewalk bed while moving roofing materials at the job site, the GL policy may provide coverage. Similarly, if a contractor installing floors accidentally breaks a window, coverage might be available for the window.

What General Liability Usually Will Not Cover:

While general liability insurance provides broad coverage, there are many “exclusions,” and it’s important for contractors to be aware of these limitations. One significant area where GL policies usually do not provide coverage is for damage to or defects in the work being performed.

Let’s consider a hypothetical scenario: a roofer installs a defective roof that leads to leaks and subsequent damage to the property’s cabinets. In this case, the general liability insurance may cover the damage to the cabinets (since it resulted from the defective roof), but it won’t cover the cost of repairing or replacing the faulty roof. Defects in the work performed are almost always excluded from GL policy coverage.

How to Deal with These Limitations:

To reduce risks associated with the limitations of GL policies, contractors should consider purchasing additional insurance policies or endorsements where available, such as professional liability insurance or errors and omissions (“E&O”) insurance. Additionally, performing high quality work can reduce the risk of claims for damage resulting from defective construction.

DISCLAIMER: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

What is a Writ of Possession in Florida Evictions?

Imagine you’re a landlord in Florida facing a troublesome tenant situation. After a long legal battle, you finally secure a final judgment in your favor. Now what? This is where the often-misunderstood Writ of Possession comes into play, becoming your ticket to reclaiming control of your property.

Once the court rules in your favor, the next step is crucial – requesting a Writ of Possession. Think of it as your legal key to regaining possession of your property. This step isn’t automatic; you usually must request the clerk of court issue the writ to signal the end of the legal road for your tenant.

With the writ in hand, you will typically have to take it to the sheriff for execution. The sheriff then schedules the eviction, giving your tenant one final chance to exit gracefully. If they refuse, the sheriff steps in, physically removing them and handing back possession to you, the rightful owner.

This final process does come at a cost. The sheriff will collect a small fee from the landlord before executing on the writ – usually $90, paid by check, and hand delivered or mailed to the sheriff’s civil department office.

Now, let’s talk logistics. One common move during the execution phase is changing the locks on your property. This isn’t something you do solo; coordination with the sheriff is key. Being present during the lock-changing process ensures a seamless transition from your problematic tenant to your regained possession.

In summary, a Write of Possession is the final document you need from the court in order to finish your eviction case after obtaining a final judgment. It is an instruction from the court – to the sheriff – to physically remove the tenant from the property.

Five Key Steps for Handling Florida Evictions

Evicting a tenant is a challenging and often emotionally charged process. In Florida, like many other states, there are specific steps landlords must follow to ensure a lawful eviction. Understanding these steps is crucial for to navigate the process without any speedbumps. In this blog post, we’ll discuss the five key steps for evicting a tenant in Florida.

Step 1: Identify The Reason for Eviction

Before initiating the eviction process, landlords in Florida must have a valid reason for doing so. Common reasons include non-payment of rent, violation of lease terms, and illegal activities on the property. It’s important to thoroughly document the reasons for eviction, including dates, communication records, and any relevant lease agreements.

Step 2: Provide Written Notice

Once a valid reason for eviction is established, landlords must provide written notice to the tenant. The type of notice depends on the reason for eviction:

a. Non-payment of rent: A 3-day notice to pay or vacate is required.

b. Lease violation: A 7-day notice to cure or vacate is typically given.

c. No-cause termination: A notice is given, with time periods corresponding with the period of the lease.

These notices must include specific details such as the amount owed, the lease violation, or the termination date. Sending notices via certified mail with return receipt requested helps ensure proof of delivery.

Step 3: Filing the Eviction Lawsuit

If the tenant fails to comply with the written notice, the next step is filing an eviction lawsuit in the appropriate county court. After the complaint is filed and court fees are paid, the court will then issue a summons for service, which requires the tenant to respond to the complaint within 5 days. If the tenant is in default for failing to pay rent, the tenant will also be required to deposit the past due rent in the court’s registry, or file a motion to determine the past due rent.

Step 4: Obtain a Final Judgement for Eviction

In many cases, tenants fail to respond to the complaint or pay the past due rent into the court’s registry as required by law. If that happens, the landlord can motion for a “clerk’s default,” and afterwards, a “final default judgment” for eviction.

If the tenant answer the complaint and pays the past due rent into the court’s registry, the case will proceed to trial on the merits. Alternatively, if the tenant files a motion to determine rent, the court will conduct a hearing on the motion and determine the amount of rent that the tenant must pay into the court’s registry prior to conducting a trial.

Step 5: Writ of Possession and Enforcement

After the court enters judgment, either through default, or after trial, the judgment must be enforced against the tenant through a writ of possession carried out by the sheriff. Typically, the sheriff will coordinate with the landlord to execute on the writ of possession and change the locks at the property. After this occurs, the tenant has been formally evicted, and the landlord is let into possession of the property.

Closing:

Evicting a tenant in Florida involves a structured legal process that aims to protect the rights of both landlords and tenants. Understanding and following these five key steps is crucial for a smooth and lawful eviction. While the process can be challenging, adhering to the law and maintaining clear communication throughout can help mitigate potential issues and ensure a fair resolution for all parties involved.

One Deadline No Contractor Can Miss

In the world of construction, success is often determined by meticulous planning, execution, and following deadlines. For contractors and construction suppliers in Florida, one of the most critical aspects of the job is understanding and adhering to the 90-day lien deadline. This inflexible timeframe is a linchpin for financial security, and this blog post delves into the importance of this deadline, its calculation, and the dire consequences of failing to meet it.

Understanding the 90-Day Lien Deadline

The Florida 90-day lien deadline is not a mere suggestion; it’s a legally mandated, absolute rule. The significance of this timeframe arises from the fact that it represents the last opportunity for those involved in construction to claim a lien for their work. If a contractor or supplier fails to file a construction lien within 90 days, they are almost always barred from doing so afterwards. The clock starts ticking from the date of final furnishing of labor, services, or materials, leaving virtually no leniency.

The Consequences of Missing the Deadline

To emphasize the gravity of this deadline, let’s consider a real-life example: a construction company that placed undue trust in an owner’s promises of payment. Eager to maintain a positive working relationship, the company opted to delay filing a lien, trusting that their client would eventually fulfill their financial obligations. However, the owner failed to deliver on their promises, and by the time the construction company realized, the 90-day deadline had irreversibly lapsed. They had lost their right to secure their payment through a lien, and were left with the remedy of a vanilla breach of contract claim.

Here is the issue: pursuing a breach of contract lawsuit is significantly more difficult than a lien foreclosure lawsuit. With a lien, the contractor has the advantage of using the property itself as financial security, which serves as a powerful incentive for payment. Furthermore, the Florida lien statute empowers the prevailing contractor to recover their attorney’s fees, a benefit that may not be readily available under the contract.

The Importance of the Property as Financial Security

It’s worth reiterating the crucial role of the property in lien foreclosure lawsuits. When a contractor files a construction lien, the property where the work was performed becomes a form a financial security. If the contractor is successful, the property can be sold to settle the debt, ensuring that the contractor gets paid. Whereas, in a regular breach of contract lawsuit, the contractor might win the case, but still find that the owner is unable to pay the judgment.

Closing

In sum, the 90-day lien deadline in Florida is an absolute and unforgiving rule that all construction professionals must adhere to. Failing to meet this deadline can lead to the loss of valuable financial security and a more arduous legal battle. Trusting promises of payment without securing your rights can be a costly mistake in the construction industry. So, always remember, in Florida, time is of the essence when it comes to construction liens.

No License, No Lien, No Rights: A Cautionary Tale

Imagine you’re the owner of a roofing company, eager to take on roofing projects in the sunshine state of Florida. However, you’ve chosen to operate without a proper license, assuming you can work under the radar. This cautionary tale is a wake-up call for unlicensed contracting businesses and the story of a roofing company that performed unlicensed work, only to find itself unable to place a lien on a property or enforce its contract rights.

Florida’s Strict Licensing Requirements

In Florida, the licensing requirements for contractors are not to be taken lightly. The state enforces stringent rules, including educational prerequisites, experience requirements, and the successful completion of licensing exams. The purpose behind these regulations is to ensure the quality and legality of construction work and to protect both property owners and the integrity of the construction industry.

The Unlicensed Roofing Company’s Plight

Our story centers around a roofing company that decided to cut corners by operating without a construction license. This choice would later prove costly. When they took on a roofing project for a homeowner, they believed they could sidestep the licensing requirements, thinking they could escape the consequences.

Filing Liens as an Unlicensed Contractor

However, when it came to securing payment for their services by placing a lien on the homeowner’s property, they hit a legal roadblock. In Florida, unlicensed contractors are typically prohibited from using the powerful tool of a construction lien. In this specific case, the unlicensed roofing company could not place a lien, leaving them without this crucial means to recover their payment.

Enforcing Contracts for Unlicensed Work

The roofing company’s woes didn’t end there. Trying to enforce their contract rights in a court of law proved to be an uphill battle. Contracts related to unlicensed work are often considered unenforceable. As a result, the roofing company found it immensely challenging to legally collect payment for the roofing work they had performed, even though it had met the homeowner’s expectations.

A Cautionary Tale

This cautionary tale should serve as a stark warning to unlicensed contracting businesses in Florida. Operating without a license is not only a risk but a potential financial and legal disaster. The roofing company in our story learned the hard way that the consequences of unlicensed work can be severe, leaving them unable to secure their rightful payment and forcing them to navigate a complex and uncertain legal landscape.

In conclusion, it is imperative that unlicensed contractors in Florida acknowledge the risks they face. Compliance with the state’s licensing requirements is not just a legal formality but a fundamental aspect of running a legitimate and successful contracting business. Choosing the path of legality ensures not only your rights as a contractor but also the protection and satisfaction of your clients.