Property Values Continue to Increase…But the Numbers Are Tricky

Today it was reported that the Standard & Poor’s Case-Shiller Index rose 0.3 percent in January from December, seasonally adjusted.  This marks the index’s eighth consecutive monthly increase. But the news was not all good.  Seasonal adjustment of data lifts the numbers in the winter months, when the number of home sales is usually much less than the […]

Florida Mechanics Lien Pre-Notices

Did you know that several states require that a “pre-notice” be provided to the Owner or Contractor prior to a mechanics’ lien filing?  One of those states is Florida.  In Florida, depending on the claimant’s status, a pre-notice may be required.  Subcontractors and sub-subcontractors, including materialmen and suppliers who do not have a contract with the […]

Are Pay If Paid Clauses Enforceable?

An age old story in construction is as follows: the owner doesn’t pay the contractor, and a subcontractor, who has performed its work diligently and according to its contract, doesn’t get paid either. Most of these situations arise because the subcontract contains “pay when paid” or “pay-if-paid” clauses. These clauses shift the risk of nonpayment […]