Real estate developers obviously benefit from having a general understanding of the construction laws for their respective state, but certain rules and regulations are good to know by heart. Keep reading to find out the laws in Florida for payment agreements, warranty liabilities and claims following the Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”) within the construction field.
Establishing payment agreements involves much more than simple money collection terms under the law. It’s crucial to take relevant background information into account for you as the developer. The developer or owner initially files a commencement notice, registers it in public documents and stations it on the construction site before it comes time to start work.
Managers can be held accountable for express, implied or statutory guarantees. The decisive factor concerning guarantees or warranties is being careful about the provisions of the contract. Some directly address how a building needs to fulfill certain standards, while others have warranties on deficiencies for ‘up to one year’. The reasoning around the year time frame is how the construct will have had endured one complete climatic cycle.
FDUTPA Legal Considerations
FDUTPA makes unlawful methods of commerce that are deceitful within the business. A cause of action might come up against the project owner in the event that the owner extends sales or ads that are dishonest or deceitful in Florida.
These are the most general Florida construction laws that owners must take into account, but keep in mind that many gray areas exist within the cited regulations that can turn your project upside down. The contractual laws have general exceptions and then ‘exceptions to those exceptions’.
Statute of Limitations
The prevailing practice in Florida Statutes includes a four year limitation after you bring a construction error to light at the most recent point of these:
- Time the construction was dropped if uncompleted
- Time of the authorization of occupancy was issued
- Time of termination or completion of the deal between the designated architect or engineer.
- Time of possession from the owner
If you come across a situation where your duties and/or rights have come into question, don’t hesitate to call someone from the team of Florida Bar Board Certified professionals within construction law for more help.