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Holland & Knight  Assists Client in Acquisition of MetroSouth Medical Center in Blue Island, Illinois

CHICAGO – A team of Holland & Knight attorneys, led by Chicago Partner Anne Murphy, today completed a transaction in which client MSMC Investors LLC acquired St. Francis Hospital and Health Center from SSM Health Care. The historic 410-bed hospital, founded in 1905, was slated for closure after earlier efforts to find a buyer were unsuccessful. The acquisition was successfully completed on an unusually aggressive timetable. The hospital is the largest employer in Blue Island, and is known for its high quality service and excellence in cardiac care.

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Steven Wright Appointed Executive Partner of Holland & Knight's Boston Office

BOSTON – Holland & Knight Managing Partner Steven Sonberg has appointed Steven Wright to serve as Executive Partner of the firm's Boston office. Wright will oversee the day-to-day management of the office and focus on expansion of the core practices in the office, which include litigation, IP, healthcare, real estate, corporate/M&A and bankruptcy.

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Construction
Newsletter - Third Quarter 1999
 
In this Issue...
Florida Legislative Update: 1999 Amendments To Statutes Affecting the Construction Industry
 
 September 1, 1999
 

Although legislation outlawing "pay-when-paid" clauses did not pass, other important amendments did become law this year.

Public Contracting

Partially overruling the Miorelli decision preventing recovery of "extras" from public owners, the Florida legislature passed an amendment allowing contract claims against public owners for breach of express or implied contract provisions as well as claims for written directive, issued pursuant to the written contract. Public owners are not liable for oral contract modifications.

Private Contracting

  • Contract Venue Provisions

    Florida resident contractor, subcontractor or materialman cannot be required to bring legal actions in contracts for improvement of real property outside the state of Florida.

  • Notice to Owner

    Allows flexibility in format of Notice to Owner; allows a Notice to Owner to be combined with a Notice to Contractor.

  • Request for Statement of Account

    Lienors failing to provide a statement of account may lose lien rights; owner need not show prejudice.

Bidding On Public Projects

This bill requires competitive bidding on electrical contracts over $50,000 and all contracts with total construction costs over $200,000. Local governments must consider specific criteria and apply them uniformly in awarding work to private contractors. If a local government awards a project other than through a competitive bid, it must have specific evidence and written documentation to support this. Other contractors may challenge these awards.

Contractor Licensing

In an attempt to eliminate the two-tiered system, licensing authorities will establish the job scope for any licensure category, to ensure uniformity among local jurisdictions. Existing licensees may be "grandfathered" into statewide certification, if they meet examination, experience, insurance and financial requirements.

Holders of local contractor's licenses may not practice as contractors under chapter 489; they also must be certified or registered with the state. Building officials may not issue a building permit unless the requesting contractor is certified or registered with the state in the appropriate contractor category. Contractors working outside the geographical scope of their registration will be guilty of unlicensed activity.

NOTE: Space limitations prevent a detailed listing of all legislative changes. Please call Bill Grant (407-244-1162) for copies of the complete legislative changes regarding any of the above topics.