Hammer & Gavel - A Podcast at the Intersection of Construction and Law

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5 minute podcasts give you quick and easy to understand updates on construction law, licensing requirements, liens, contract tips, and how to get paid for your work! Each episode is recorded by Jason Lambert, a Florida-licensed construction attorney, base

Jason Lambert


    • Feb 10, 2021 LATEST EPISODE
    • infrequent NEW EPISODES
    • 11m AVG DURATION
    • 29 EPISODES


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    Latest episodes from Hammer & Gavel - A Podcast at the Intersection of Construction and Law

    Ep 29 - How Out of State Contractors Can Apply for Licenses in Florida - Pt 2

    Play Episode Listen Later Feb 10, 2021 11:56


    In this episode we talk about Florida's construction licensing reciprocity and how to obtain a license in Florida if you have taken an exam or been licensed for less than 10 years in another state.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 28 - How Out of State Contractors Can Apply for Licenses in Florida - Pt 1

    Play Episode Listen Later Feb 8, 2021 14:36


    In this episode we talk about Florida's new licensing statute for contractors who have been licensed in other states for at least 10 years, and Florida's new contractor reciprocity requirements.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 27 - The Benefits and Drawbacks of Arbitration Clauses

    Play Episode Listen Later Jan 27, 2021 19:18


    In this episode we are joined by Texas construction lawyer, Karalynn Cromeens, author of Quit Getting Screwed: Understanding and Negotiating the Subcontract. We talk about arbitration provisions and the benefits and pitfalls of using arbitration instead of litigation to resolve construction disputes. Find Quit Getting Screwed on Amazon and visit Karalynn's website www.subcontractorinstitute.com.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 26 - Avoiding, Negotiating, and Managing "Pay When Paid" Clauses

    Play Episode Listen Later Jan 25, 2021 12:03


    In this episode we are once again joined by Texas construction lawyer, Karalynn Cromeens, author of Quit Getting Screwed: Understanding and Negotiating the Subcontract. We talk about the dreaded "pay when pay" clause in many subcontracts and how subcontractors can manage and negotiate these provisions to be less onerous. Find Quit Getting Screwed on Amazon and visit Karalynn's website www.subcontractorinstitute.com.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 25 - How Subcontractors Get Screwed When The Scope of Work Doesn't Match the Bid

    Play Episode Listen Later Jan 22, 2021 16:06


    In this episode we are joined by Texas construction lawyer, Karalynn Cromeens, author of Quit Getting Screwed: Understanding and Negotiating the Subcontract. We talk about why subcontractors need to be aware of differences between the bid they submit to get a job and the scope of work attached to the subcontract they sign. Find Quit Getting Screwed on Amazon and visit Karalynn's website www.subcontractorinstitute.com.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 24 - Defining Payment Terms in Your Construction Contract

    Play Episode Listen Later Jan 20, 2021 14:30


    In this episode we are joined by Joe Chase from Contractor+ to talk about Defining payment terms in contracts and how to use technology to get paid faster. Learn more about Contractor+ at https://www.contractorplus.app/ and save 15% by using promo code HGFL15!Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 23 - Defining Your Scope of Work to Match What You Plan to Do

    Play Episode Listen Later Jan 18, 2021 10:16


    In this episode we once again are joined by Joe Chase from Contractor+ to talk about defining your scope of work in a contract and the benefits of doing so in real time. Learn more about Contractor+ at https://www.contractorplus.app/ and save 15% by using promo code HGFL15!Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 22 - Using Electronic Signatures and Verification to Keep Contracts Secure

    Play Episode Listen Later Jan 15, 2021 12:04


    In this episode we are joined by Joe Chase from Contractor+ to talk about using electronic signatures to get documents signed faster, Florida's electronic signature laws, and using digital signatures to keep anyone from denying a contract in the future. Learn more about Contractor+ at https://www.contractorplus.app/ and save 15% by using promo code HGFL15!Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 21 - Why You Should Ignore Construction Lien Deadlines: Exercising Your Lien Rights When Your Business Needs You To

    Play Episode Listen Later Jan 13, 2021 15:23


    In this episode we talk about why you shouldn't wait until the deadlines to exercise your lien rights are upon you to take action. Rather, exercising your lien rights should be tied to internal business tasks and needs so that you never have to think about an approaching deadline.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 20 - How to Legally Curb Negative Reviews with Your Construction Contract

    Play Episode Listen Later Jan 12, 2021 12:51


    In this episode we talk about the benefits of using a non-disparagement provision in your construction contract, and how you can make sure it complies with the Federal Consumer Review Fairness Act. Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 19 - How to Keep Contract Negotiations from Coming Back to Bite You

    Play Episode Listen Later Jan 6, 2021 12:26


    In this episode we talk about adding a contract provision that can keep contract negotiations and prior versions of plans or specifications from coming back up during construction and causing problems. Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 18 - The Four Most Powerful Documents for Contractors - Pt 4 - Lien Waivers

    Play Episode Listen Later Jan 4, 2021 14:22


    In this episode, we talk with Matt Viator from Levelset.com about lien waivers, how to use them when you get paid, and what to look out for when signing them. You can learn more about Levelset by visiting www.levelset.com.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 17 - The Four Most Powerful Documents for Contractors - Pt 3 - Change Orders

    Play Episode Listen Later Dec 30, 2020 12:49


    In this episode, we talk with Matt Viator from Levelset.com about changes orders, how they can impact lien rights, and the best way to manage them to ensure they get paid! You can learn more about Levelset by visiting www.levelset.com.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 16 - The Four Most Powerful Documents for Contractors - Pt 2 - Preliminary Notices

    Play Episode Listen Later Dec 28, 2020 12:20


    In this episode, we talk with Matt Viator from Levelset.com about how notices to owner and other preliminary notices can be used by contractors to protect payment rights and why it's so important to use them even when things are going well on a project. You can learn more about Levelset by visiting www.levelset.com.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 15 - The Four Most Powerful Documents for Contractors - Pt 1 - Contracts

    Play Episode Listen Later Dec 23, 2020 12:48


    In this episode, we talk with Matt Viator from Levelset.com about how a construction contract is one of the most powerful documents for a contractor's business, what provisions they must have, and what many of them are missing. You can learn more about Levelset by visiting www.levelset.com.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 14 - How Has COVID-19 Impacted Payments to Contractors

    Play Episode Listen Later Dec 21, 2020 9:39


    In this episode, we talk with Matt Viator from LevelSet.com about how COVID-19 impacted payments to contractors over 2020, what he sees in store for 2021, and how contractors have been using preliminary notices and liens to protect themselves during these bizarre times. You can learn more about LevelSet by visiting www.levelset.com.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 13 - Three Key Provisions to Have for Contracts with a Property Owner

    Play Episode Listen Later Dec 18, 2020 11:45


    In this episode we talk about adding (1) a duty to cooperate provision, (2) a marketing/photography provision, and a (3) ability to read provision to your contract to ensure that you get what you need from property owners. Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 12 - Defining Substantial Completion to Protect Your Final Payment

    Play Episode Listen Later Dec 16, 2020 12:07


    In this episode we talk about defining substantial completion in your contract to ensure that you are paid before the completion of a punch list and to keep property owners or contractors from holding up significant payments over minor issues.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 11 - Describing the Scope of Work in Your Contract

    Play Episode Listen Later Dec 14, 2020 9:31


    In this episode we talk about describing your scope of work in your contract and how this can have an impact on your ability to collect final payment or file construction liens. Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 10 - Setting the Price for a Project in your Construction Contract

    Play Episode Listen Later Dec 9, 2020 8:48


    In this episode we talk about two common methods of pricing projects -- flat fee versus cost-plus -- and how to address both of them in your contract. We also cover how each type of pricing provision impacts other parts of your construction contract.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 9 - Who Should Be a Party to Your Construction Contract?

    Play Episode Listen Later Dec 7, 2020 9:30


    Over the next few weeks, we're going to take a deep dive on construction contracts and the provisions you should include in them. This episode provides a general overview of how to make sure your concerns about a project are addressed in a contract and how to make sure the right parties are involved in a contract.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 8 - A New Case Gives Contractors the Ability to Combat Negative Online Reviews

    Play Episode Listen Later Nov 20, 2020 9:43


    In this episode we talk about a new case decided in Miami-Dade County, where an appellate court affirmed that a contractor was entitled to damages for false comments made by a homeowner to the Better Business Bureau, HomeAdvisor, and the Department of Business and Professional Regulation. Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 7 - How to Terminate a Difficult Client

    Play Episode Listen Later Nov 18, 2020 8:48


    In this episode, we talk about how to use contractual provisions to limit a difficult conduct or give you a way out of contract. This includes when a property owner is threatening to leave you a bad review in an attempt to gain leverage over you! Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 6 - Terms for Subcontractor Agreements and How to Use Them

    Play Episode Listen Later Nov 4, 2020 13:40


    In this episode we talk about the need for a subcontractor agreement, provisions to consider having in one, and how to use a subcontractor agreement effectively on your projects.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 5 - What Are the Minimum Requirements for a Construction Contract

    Play Episode Listen Later Nov 2, 2020 11:26


    In this episode we talk about the bare minimum for construction contracts -- what do you have to have in them under Florida law, what is good to have in them, and why you should have more than one contract for your projects. Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 4 - How to Protect Yourself from Hidden Conditions on Projects

    Play Episode Listen Later Oct 30, 2020 10:36


    Ever start a project and then uncover something (usually expensive) that you weren't expecting? In this episode, we discuss how to use a differing or hidden conditions provision in your contract to protect yourself from this and to set appropriate customer expectations.Visit www.hammerngavel.com for more Florida construction law and licensing tips and updates! *Nothing on this podcast should be considered a solicitation for legal representation. Further, nothing on this podcast establishes an attorney-client relationship between us. Do not take action or fail to take action based on the information provided on this podcast. The statements and views expressed on this podcast are my own and do not reflect those of my law firm. Further, they are intended for general informational purposes only and do not constitute legal advice or a legal opinion.

    Ep 3 - What Does 45 Days for an NTO Mean?

    Play Episode Listen Later Oct 28, 2020 9:42


    In Florida, subcontractors and material suppliers need to send a notice to owner within 45 days of starting a project to preserve their lien rights. But what does that mean and when does the 45 day time period start? Can you serve them early? And how do you overcome contractor or homeowner complaints about sending them? We answer these questions and more in this episode!

    Ep 2 - How to Get Paid When Material Costs Go Up

    Play Episode Listen Later Oct 26, 2020 9:04


    Material costs keep going up! This episode talks about how to use contractual provisions to help protect your margins and put some of the burden of increased costs in property owners and other contractors.

    Ep 1 - Introduction to Hammer & Gavel

    Play Episode Listen Later Oct 21, 2020 4:58


    This episode talks about the purpose of Hammer and Gavel and it's goal of getting easy to understand construction law information to contractors in bite-sized podcasts. It also covers Jason Lambert's background in construction. For more information, feel free to visit www.hammerngavel.com.

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