Vital Legal Considerations for Construction in Miami

1. Vital Legal Considerations for Construction in Miami Construction of any scale in any location can be a massive undertaking that requires the coordination of multiple parties. While this can seem daunting, there are legal requirements and standards that help ease this burden and ensure all parties involved in a construction project are on the same page and protected. Keeping the construction industry thriving, it is important to keeping new projects developing. If a new project is on your horizon, contact a Construction Attorney Miami today. Notice of Commencement One such requirement is the Notice of Commencement (NOC). A Notice of Commencement Miami, and all of Florida, is required to be publicly filed. The NOC is part of the Florida Construction Lien Statute. While Florida is one of only a handful of states that require an NOC or similar form, it is a very important and useful document for all parties. First, it provides notice to the local and state authorities and subsequently all contractors, laborers, and material suppliers, of the intended start date of construction. This date is typically the first day work begins, or materials are delivered. In addition to being filed with

2. the appropriate officials, in Miami the Notice of Commencement must also be posted on the job site. Payment responsibility and establishing time frames are arguably the most important aspects of the Notice of Commencement. This is where the protection to all parties becomes evident. The property owner is granted some protection against “double payment” if the contractor does not pay subcontractors or suppliers or takes off with the money altogether. For owners and general contractors alike, the NOC starts the clock on notice deadlines for subcontractors and material suppliers. Meanwhile, the subcontractors and material suppliers learn pertinent information regarding the timeline and who is ultimately responsible for payment. Not filing your Notice of CommencementMiami timely can also hold up your project in its entirety. In Florida, it is required before other major construction milestones, such as building permits, can be obtained. Standard Construction Contracts While the Notice of Commencement varies by state, there is a nationally recognized set of construction contracts. These documents, produced by The American Institute of Architects (AIA), are the most widely used among the construction industry and for good reason. One of the most important aspects of AIA contracts Miami is that they are fair and balanced as they were written with input from parties on every side of the construction industry. They are also kept current and are updated frequently to incorporate changes in the law and new legal precedents. People trust these contracts, they are easy to understand as they are written in common language, and there are multiple documents to choose from based on your specific project and situation. AIA Contracts are divided into six alphanumeric series based on purpose or use: A Series: Owner/Contractor Agreements ‐ •

3. B Series: Owner/Architect Agreements ‐ • C Series: Other Agreements ‐ • D Series: Miscellaneous Documents ‐ • E Series: Exhibits ‐ • G Series: Contract Administration and Project Management Forms ‐ • While these contracts are in standard format with standard wording, due to the breadth of options and the nuances in different jobs and arrangements, it is always advisable to consult legal counsel with expertise in AIA contracts in Miami. Often, it may feel like there is more paperwork required than there will be construction, but it all fosters proper communication and coordination among multiple parties as well as providing basic legal protection for all. In Miami, timely filing your Notice of Commencement and ensuring your contracts follow AIA contract Miami standards are two steps to ensuring all parties are protected and your project runs smoothly from start to finish.