The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

Navigating the complexities of Florida’s lien laws has never been more crucial, especially with the 2023 updates coming into play. In our latest episode of The Lien Zone Podcast, we delve deep into the nuances of  Private Project Notices of Nonpayment (713.23) , emphasizing the importance of serving the Notice of Nonpayment to both the contractor and the surety. But that’s not all. We also shine a...

We’ve arrived at the final installment of our riveting series on contract provisions! In Part 3, Alex covers these pivotal clauses: Liquidated Damages : Discover the significance of setting pre-agreed damages and when it’s beneficial. Caps on Damages : Learn how these limits can influence project risks and the balance of power in contract negotiations. Indemnity, Defense, and Hold Harm...

We’re back with Part 2 of our series on construction contract provisions! Building on our exploration from Part 1, Alex dives deeper into three more critical topics that every construction professional should be familiar with: Hidden Conditions: Navigating unseen site conditions can be tricky. Discover how contracts address conditions that weren’t initially apparent, potentially saving...

Get ready for a comprehensive journey through the intricate world of construction contract provisions. In this three-part series, we’ll be untangling the complexities of key contractual clauses that often bewilder industry professionals. In Part 1, Alex zooms in on four crucial topics: Right to Stop Work: Understand the conditions under which contractors or subcontractors can halt work witho...

Welcome to a new episode of The Lien Zone Podcast that every subcontractor should tune into – “A Subcontractor’s Step-by-Step Guide to Getting Paid Faster”. This episode provides a roadmap to expedite your payment process and secure your financial interests. Step 1 – Your Contract: We start with the foundation of any subcontracting job: your contract. Learn how one change can mak...

In this episode, we’re unpacking three common yet avoidable lien release mistakes that can have costly implications. We begin by examining the critical importance of selecting the correct form. Whether you’re a General Contractor or a subcontractor, choosing the right release form – narrow when receiving payment, broad when paying – is essential, and your contract may bind you to a spe...

In this episode, host Alex Barthet provides an in-depth guide on the next steps after recording a construction lien. A construction lien is not the end game, it’s a powerful tool in your arsenal to ensure you get paid for your services. But how do you go from having a lien to actually seeing the money in your bank account? Alex Barthet will cover the essentials in this episode, helping liste...

Learn the key aspects of Private Project Notices of Nonpayment (713.23), highlighting how important it is to serve Notices of Nonpayment correctly to both the contractor and surety. Additionally, we shed light on the notable updates to Lien Transfer Bonds (713.24), including increased bond value calculations and new duties for the clerk’s office. This episode is a must for construction professiona...

Dive into the world of contractors’ insurance with the latest episode of TheLienZone Podcast, hosted by Alex Barthet. The construction field often presents unforeseen challenges and costs, such as a client who admires your work but expects you to handle additional expenses like carpet cleaning. These seemingly small issues can quickly escalate, potentially leading to legal disputes. This epi...

Dive into the intricate world of bond claims in the construction sector with Alex Barthet, a board-certified construction attorney. Gain valuable insights into the pivotal role of construction bonds, such as performance and payment bonds, and their function as financial shields in major projects. This episode focuses on empowering subcontractors with the knowledge to effectively navigate bond clai...

As a contractor, navigating the complex terrain of construction projects can often lead you to unexpected roadblocks. From unpredictable subsurface surprises to shifting regulations and unforeseen cost increases, these hidden contract conditions can significantly derail your budget and timelines. This episode is your compass through these murky waters, highlighting the often-overlooked pitfalls th...

In this episode of TheLienZone Podcast, Alex Barthet navigates the intricate maze of “Pay-When-Paid” clauses found in construction contracts. Uncover the ripple effects these stipulations can create, often resulting in prolonged payment timelines, economic pressures on subcontractors and suppliers, and the potential escalation to legal battles. Highlights include: Demystifying the nuan...

We’ve arrived at the final installment of our riveting series on contract provisions! In Part 3, Alex covers these pivotal clauses: Liquidated Damages : Discover the significance of setting pre-agreed damages and when it’s beneficial. Caps on Damages : Learn how these limits can influence project risks and the balance of power in contract negotiations. Indemnity, Defense, and Hold Harm...

We’re back with Part 2 of our series on construction contract provisions! Building on our exploration from Part 1, Alex dives deeper into three more critical topics that every construction professional should be familiar with: Hidden Conditions: Navigating unseen site conditions can be tricky. Discover how contracts address conditions that weren’t initially apparent, potentially saving...

Get ready for a comprehensive journey through the intricate world of construction contract provisions. In this three-part series, we’ll be untangling the complexities of key contractual clauses that often bewilder industry professionals. In Part 1, Alex zooms in on four crucial topics: Right to Stop Work: Understand the conditions under which contractors or subcontractors can halt work witho...

In our newest episode, we dissect the labyrinth that is the lien release process, spotlighting three easily avoidable yet potentially costly mistakes. To kick off, we dive into the perils of Mistake 1: Using the Wrong Form . It might seem straightforward, but did you know the form you should use varies depending on whether you’re a General Contractor (GC) or a sub? A general rule to remember: when...

Unlock the mysteries of payment bonds in our latest episode. We first delve into understanding the core concept of a Payment Bond Claim . Unlike traditional claims, where you’d stake your claim on the property, a payment bond claim gives you a claim against the surety bond. What’s more, this bond is backed by renowned insurance giants, solidifying your chances of payment. If you’...

Dive into our latest episode where we unpack significant legal updates affecting Florida’s construction industry. The Statute of Limitations for Negligence (627.756(1)), effective March 24, 2023, shortens the limitation period for claims based on negligence from 4 years to 2 years. However, the 4-year period remains for actions rooted in design, planning, or construction of improvements to r...

This episode focuses on new statutes effective from July 1, 2023, aiming to prevent local building and fire safety officials in Florida from imposing unwarranted requirements after issuing a permit. Building officials are now required to identify specific codes being violated under the new 553.79(2)(a)(1) statute. A failure to do so may result in disciplinary action against their state-issued cert...

In the latest episode of The Lien Zone Podcast, we delve deep into Florida’s freshly updated regulations regarding public project payments. We begin with a closer examination of the “Public Project Notices of Nonpayment, Sections 255.05 and 337.18.” Here, the introduction of a provision allows claimants to assert their right to bond protection if a bond isn’t timely recorde...

Navigating the complexities of Florida’s lien laws has never been more crucial, especially with the 2023 updates coming into play. In our latest episode of The Lien Zone Podcast, we delve deep into the nuances of Private Project Notices of Nonpayment (713.23) , emphasizing the importance of serving the Notice of Nonpayment to both the contractor and the surety. But that’s not all. We a...

In the intricate world of construction law, understanding the nuances can mean the difference between getting paid and losing out. In today’s episode of The Lien Zone Podcast, we zoom in on a crucial topic: Terminating Notices of Commencement, specifically section 713.132. Key Points to Consider: Standard Lien Deadlines: Typically, liens have to be recorded within 90 days post the completion...

On this episode of The Lien Zone Podcast, we delve into crucial 2023 updates to Florida’s Lien Law, focusing on the impact of the newly introduced finance charges and the changes around calculating holidays and weekends when determining lien rights deadlines. We begin by exploring the introduction of “Finance Charge,” a contractually specified additional amount that the obligor m...

In our latest episode of The Lien Zone Podcast, we unpack the significant changes to Florida’s Lien Law, effective October 1, 2023. We discuss updates to the term “Contractor” which now includes construction management roles, and the new interpretation of “Final furnishing” emphasizing the importance of the last date of service or materials provision. Further, we expl...

For subcontractors navigating the construction industry, understanding the dynamics of bond claims is crucial. Join host Alex Barthet, a board-certified construction attorney, as he provides an accessible guide to bond claims on our newest episode of TheLienZone Podcast. Alex explores the function and significance of construction bonds, including performance bonds and payment bonds. He underscores...