DATE: June 2, 2019 POSTED BY: Kris Dunn Hello friends, this scenario happens quite often in Florida. A good case that I like to relate is the case of U.S. Builders, L.P. v. DFS, DoAH Case#07-4428 (see docket at: https://www.doah.state.fl.us/ALJ/searchDOAH/docket.asp?T=12/11/2012%202:59:36%20PM). This case actually has FOUR fascinating components; Today, I will talk about the issues involved regarding […]
This is a neat case about the benefits of not producing records and going to trial. All Phase Construction and Development, LLC (“All Phase,” hereafter) received a Stop Work Order and a Penalty Assessment totaling $34,141.15. The full docket can be accessed via https://www.doah.state.fl.us/ALJ/searchDOAH/docket.asp?T=11/29/2012%202:43:27%20PM. According to the Recommended Order, the DFS investigator received an anonymous […]
It's relatively easy to be issued a Stop Work Order (SWO) but how do you avoid it? 1. Get your workers' compensation coverage in place! This is a no-brainer, but I meet so many 1st-time business owners who are unaware of their need to get it. Basically, if you are in the construction fields, you […]
You may have a question of "how'd they find out that I did not have workers' compensation coverage?" Well there are several ways that you got that Stop Work Order (SWO): Most common is the random site visit. This is when the Division of Workers' Compensation (DWC) investigator drives by a construction site and just […]
Stop Work Orders and the Construction Industry PLEASE FORGIVE THE FORMATTING BELOW. THIS WAS ORIGINALLY PREPARED ON A WORD DOCUMENT AND WHEN I TRANSFERRED IT TO THIS BLOG, THE FORMAT OF THE OUTLINE DID NOT TRANSFER AS SMOOTHLY AS PLANNED. Sources of law for the Stop Work Order (SWO): Chapter 440, specifically 440.107. Florida Administrative Code […]
Hello friends, This is the second part of my case analysis of US Builders, LP (see my prior post for part 1: https://www.krisdunnlaw.com/stop-work-orders-order-of-penalty-assessment-for-companies-not-based-in-florida-can-be-a-big-surprise/ ). This case was almost not a case because US Builders, LP (hereafter “USB”) did not properly contest the Department’s action. When I say “properly contest” what I mean is that USB failed to […]
Hello friends, this scenario happens quite often in Florida. A good case that I like to relate is the case of U.S. Builders, L.P. v. DFS, DoAH Case#07-4428 (see docket at: https://www.doah.state.fl.us/ALJ/searchDOAH/docket.asp?T=12/11/2012%202:59:36%20PM). This case actually has FOUR fascinating components; Today, I will talk about the issues involved regarding U.S. Builders, L.P.’s (hereafter, “USB”) reliance on their […]
This is a neat case about the benefits of not producing records and going to trial. All Phase Construction and Development, LLC (“All Phase,” hereafter) received a Stop Work Order and a Penalty Assessment totaling $34,141.15. The full docket can be accessed via https://www.doah.state.fl.us/ALJ/searchDOAH/docket.asp?T=11/29/2012%202:43:27%20PM According to the Recommended Order, the DFS investigator received an anonymous […]
