The Soto Law Group, P.A.

DBPR’S EMERGENCY RULE ALLOWS GENERAL, BUILDING, AND RESIDENTIAL CONTRACTORS TO DO RE-ROOFING To our clients who are hard at work in repairing the damages of Hurricane Irma, the Department of Business and Professional Regulation has declared an emergency rule permitting general, building, and residential contractors to do re-roofing in FEMA identified disasters zones. This is an opportunity for your company to gain some additional business while serving your community that’s in need of relief. The Disaster Contractors Network; register and select the areas in which you are available to provide services: http://www.dcnonline.org/ The DBPR Emergency Order: http://files.constantcontact.com/de700d13601/9dc735f5-4bc6-4c12-8890-d6987b4377b9.pdf

APPLY FOR ASSISTANCE – www.fema.gov After Hurricane Irma’s devastation, FEMA is accepting applications for Individual Assistance; you will not be required to pay back FEMA. You may be referred to the Small Business Administration (SBA) for a low interest disaster loan; if you qualify, you will be required to pay back the loan. Stay Safe. Please visit: https://www.fema.gov/apply-assistance for instructions; https://www.disasterassistance.gov/ for application; https://www.sba.gov/loans-grants/see-what-sba-offers/sba-loan-programs/disaster-loans for SBA loan application

TAX RELIEF FOR VICTIMS OF HURRICANE IRMA IN FLORIDA – www.irs.gov To our clients who reside or have a business in the counties affected by Hurricane Irma, the IRS has declared extensions for filing tax returns, paying taxes and for other time-sensitive acts. Certain deadlines on or after September 4, 2017 and before January 31, 2018, are now postponed through January 31, 2018. Please see link for further details; you may qualify for relief: https://www.irs.gov/newsroom/tax-relief-for-victims-of-hurricane-irma-in-florida

REVISION TO THE I-9   Last month, the United States Citizenship and Immigration Services (USCIS) released its most recent revised version of the I-9 form, also known as the Employment Eligibility Verification Form. The new I-9 can be found here: https://www.uscis.gov/news/alerts/revised-form-i-9-now-available . Employers can immediately switch over to the revised version or continue using the I-9 with a revision date of 11/14/16 up until September 17, 2017. On September 18, 2017, however, employers must use the revised form with a revision date of 07/17/17 for all new employees. Although the revisions may seem inconsequential, they are designed with the intention of making the form easier to navigate and reduce the number of errors.    Employers must continue following existing storage and retention rules for any previously completed Form I-9 and the rules regarding storage and retention have not changed under the newly revised I-9. Current employees do not have to fill o

Contractors and Subcontractors beware of shopping center, retail and out parcel projects. Big box and specialty retailer store closures may impact collectability for ongoing projects. Fortune 500: The Death of Retail is Greatly Exaggerated | Fortune.com  

TOP TEN CONSTRUCTION CLAUSES – PART IX – PAYMENT TERMS This article is the ninth in a ten-part series analyzing the top ten critical construction clauses.  In this installment, we analyze the “payment terms” provision, which encompasses a discussion on retainage and final payment.  This article will focus primarily on the updated American Institute of Architects’ Agreement between the Owner and Contractor (AIA Document A101-2017) as well as Florida case law.                                 I.             OVERVIEW The payment terms provision is perhaps the most palpable of all construction clauses as each party to a construction contract has unique concerns when it comes to payment.  An owner is concerned about overpaying its general contractor before its work is completed and will require some kind of assurance that the work will be completed.  Meanwhile, a general or subcontractor is concerned about receiving prompt payment so not to create financial hardship.  I

TOP TEN CONSTRUCTION CLAUSES PART VIII—INCORPORATION BY REFERENCE This is the eighth installment in a ten-part series analyzing critical construction clauses.   This installment analyzes the “Incorporation by Reference” provision. The first seven articles can be found on our blog at http://sotolawgroup.blogspot.com/ . The incorporation by reference clause, sometimes called a flow-down or pour-over clause is the basis by which parties to a contract include upstream contract requirements without specifically attaching them. Typically, this occurs between the contactor and subcontractors. Below is the pertinent section of the incorporation clause taken from AIA form A401. AIA "Standard Form of Contract Between Contractor and Subcontractor" (A401) Article 1 The Subcontract Documents  1. The Subcontract Documents consist of (1) this Agreement; (2) the Prime Contract, consisting of the Agreement between the Owner and Contractor and the other Contr

TOP TEN CONSTRUCTION  CLAUSES PART VII—NO DAMAGES FOR DELAY This is the seventh installment in a ten-part series analyzing critical construction clauses.  This installment analyzes the “No Damage for Delay” provision. My first six articles can be found on our blog at http://sotolawgroup.blogspot.com/ . A.     Overview and Background Most construction contractors and subcontractors assume that if they encounter a delay on the project that is not attributable to them, for example, changes in the sequencing of the work ordered by the project owner, discovery of hazardous materials or unknown conditions at the project, or adverse governmental actions, that they would entitled for reimbursement for damages caused by those delays. Such damages could include unabsorbed home office overhead, remobilization/acceleration costs, or increased materials costs. However, an increasingly common contract provision, known as the “No Damages for Delay P

       PRESS RELEASE                FIRM LAWYER JOSE A. RODRIGUEZ, ESQ ACHIEVES BOARD RECOGNITION AS A CONSTRUCTION LAW EXPERT         The Soto Law Group, P.A., is pleased to announce that Jose A. Rodriguez, Esq., has been recognized by the Florida Bar as a Board-Certified Specialist in Construction Law. Board certified lawyers are evaluated for professionalism and tested for expertise. Of the lawyers eligible to practice law in Florida, 7 percent have earned board certification.            Board certification is the Florida Bar's highest level of recognition of an attorney's competence and experience in one or more of the 26 areas of law approved for certification by the Supreme Court of Florida. Only attorneys who have earned the Florida Bar's “board-certification” distinction are allowed to describe themselves as legal specialists or experts in a specific field of practice.           To receive his designation as a Florida Board Certified Specialis

Mr. Kelly is a trial lawyer that is a dual Florida board-certified litigation lawyer--both as a civil trial lawyer and as a business litigation specialist. He is a fellow of the Litigation Counsel of America, an invitation-only trial lawyer honorary society of less than one-half of one per cent of American lawyers. Mr. Kelly has tried over 160 jury trials in federal and state court throughout the United States, and he has participated in hundreds of arbitrations, mediations and other alternative dispute resolution (“ADR”) proceedings. Mr. Kelly formerly was an equity partner with the law firms of Fleming, O’Bryan & Fleming, Gunster, Yoakley, Valdes-Fauli & Stewart, and Lorusso, Loud & Kelly LLP for over 25 years. He is a graduate (magna cum laude) of The College of the Holy Cross and Vanderbilt Law School, where he was a member of The Vanderbilt Law Review. Mr. Kelly’s specialty as a trial lawyer and business litigator encompasses a diverse field of la