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Construction Contractors - Florida Statutes, Section 489

Construction Contractors - Florida Statutes, Section 489. What is Contracting?. Florida Statute 489.105 (6) “ "Contracting" means…engaging in business as a contractor…”

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Construction Contractors - Florida Statutes, Section 489

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  1. Construction Contractors - Florida Statutes, Section 489

  2. What is Contracting? • Florida Statute 489.105 (6) “"Contracting" means…engaging in business as a contractor…” In order to engage in contracting on other than a statewide basis shall must be registered pursuant to Florida Statute 489.113.

  3. Contracts • What is a contract? • Elements • Offer • Acceptance • Consideration • Lack of defenses

  4. Contracts • Types of Contracts • Written • Oral • Implied Standard Form Contracts (AIA, AGC, etc.) Custom Contracts Master Form Contracts Purchase order contracts

  5. Contracts • Construction Contracts • What is unique about construction contracts? • Services • Substantial Completion • Unknown and/or differing Conditions • Change Orders • Weather • Etc.

  6. Contracts • Who can enter into a contract? • Authority • Actual • Implied or Apparent Some current case examples: • Workers agreeing to additional work • Subcontractors agreeing to additional work

  7. Contracts • Reading the Contract • RTFC! • Duties • Notice Periods • Conflicts • Ambiguities • Risk Allocation • Liquidated Damages • Etc.

  8. Contracts • Construction Contract Provisions • Payment Methods • Substantial Performance • Contractual Clauses • The Changes Clause • The Scope of Work Clause • Flow-Down and Flow-Up Clauses • Other Standard Clauses • Modification of the Contract • Concealed and Changed Conditions • Damages in the Event of a Delay

  9. Questions? Feel free to contact me James E. Krause, Attorney 219 N. Newnan Street, Fourth Floor Jacksonville, Florida 32202 Telephone 904.353.5533 Cell 904.553.0336 Email jimkrause@krauselaw.net www.krauselaw.net www.bidprotest.net

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