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Latest Articles

October 28th, 2020

Tips for Small Businesses as They Reopen Under Phase II

By Josephine Jorgensen

As our country reopens, businesses have to comply with new laws regarding keeping...

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October 21st, 2020

Developer Liability for Building Code Violations Under Section 553.84, Florida Statutes

By Jacob Epstein

Among the numerous causes of action available to construction defect plaintiffs in the...

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October 14th, 2020

Planning Ahead for 2021: A Brief Guide to Annual Budgets

By Katrina Sosa

As we approach the final months of the year, community associations and their Board of...

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October 6th, 2020

Can I Modify My Alimony Because of the Pandemic?

By Roger Slade

Millions of Floridians are now suffering a significant decrease in income due to the...

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September 24th, 2020

Statutory Mechanisms to Potentially Remove and Extinguish Construction Liens

By Lauren Fallick

A construction lien is filed against your property claiming that a contractor (or even a...

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August 27th, 2020

The Construction Industry During a Pandemic—Will there be a shift to focus on consequential damages?

By Kristina Puente

Somewhat counterintuitively, consequential damages are damages which flow indirectly from...

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August 24th, 2020

The Florida Mortgage and Eviction Moratorium: Clarification for Community Associations

By Kristen E. Ferrer

On April 2, 2020, Governor Ron Desantis issued Executive Order 20-94 which temporarily...

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August 12th, 2020

Construction Delays & COVID 19

By Garrett Monteagudo

Construction delays are often a common dispute amongst owners, contractors,...

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July 30th, 2020

Tips for Timesharing During the Coronavirus Pandemic

By Josephine Jorgensen

Timesharing can be difficult for many families, especially during the COVID-19 pandemic....

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July 15th, 2020

Legislative Update on Emotional Support Animals

By Katrina Sosa

On June 23, 2020, Governor DeSantis approved Senate Bill 1084, which made certain changes...

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June 17th, 2020

Don’t Love Thy Neighbor’s Construction Project Damaging Your Building? An Overview of Potential Claims and Remedies.

By Lauren Fallick

A new, neighboring building is being constructed, or an existing adjacent building is...

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June 9th, 2020

Board Member Eligibility for Entity-Owned Condominium Units

By Kristen Ferrer

It is common for entities, such as a corporation, LLC, or partnership, to hold title to a...

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May 20th, 2020

Florida Restaurant Owners Ask: Can I Take a Customer’s Temperature?

By Roger Slade

The world has changed dramatically in the last ninety days. Just last year, the question...

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April 30th, 2020

When Are Your Civil Litigation Attorneys’ Fees Recoverable?

By Jacob Epstein

Litigation can be a time-consuming, stressful, and often expensive process. A civil...

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April 17th, 2020

Legal Issues for Restaurant Owners

By Roger Slade

The current pandemic has ravaged the restaurant industry and has caused hardship on a...

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March 24th, 2020

The Unwitting Waiver of Construction Contract Provisions

By Kristina Puente

What may seem to be an iron clad construction contract provision, may not turn out to be...

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March 6th, 2020

Smoking in Condo Associations: Cigarettes & Medical Marijuana

By Jonathan Goldstein

Over the past forty years, the United States has experienced a sweeping movement to ban...

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February 26th, 2020

Pre-Turnover Contracts – Condominium Association Members Right to Cancel

By Garrett Monteagudo

Can a condominium association decide to terminate a contract entered into by the...

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February 19th, 2020

Indemnification for Construction Claims: 101

By Christopher Utrera

Some of the most common questions posed to a construction law attorney are concerning...

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February 4th, 2020

Considerations in Settling Cases (Mediation/Settlement Conferences)

By Jacob Epstein

Mediation is an alternative dispute resolution (ADR) method, where the participants meet...

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February 1st, 2020

10 Things Unit Owners Should Know About the Recall Process for Condominium Associations

By Katrina Sosa

Sometimes, the people who serve on an Association’s Board of Directors are not...

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January 28th, 2020

Condominium Association Material Alterations

By David Podein

Can the Board of Directors decide to change the color of your condominium building or the...

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January 15th, 2020

Prompt Payment on Construction Projects

By Kristina Puente

As any construction industry professional knows, payment disputes are extremely common on...

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December 18th, 2019

Consideration of Punitive Damages in Business Disputes

By Lauren Fallick

By Lauren S. Fallick, Esq., Partner, Haber Law, P.A.   It is important to...

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December 4th, 2019

Miami Transfer Fee Controversies: A Wake Up Call for Associations

By Jonathan Goldstein & Josephine Jorgensen

Condominium associations across South Florida have come under scrutiny for imposing...

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November 13th, 2019

Making the Switch to E-Voting: A Primer for Condominium Associations

By Katrina Sosa

In 2015, the Florida Legislature adopted Section 718.128 into the Florida Statutes,...

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November 6th, 2019

Is a Construction Defect Plaintiff Entitled to Prejudgment Interest for Unrepaired Defects?

By Kristina Puente

What is Prejudgment Interest? Prejudgment interest is a type of compensation payable to...

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October 30th, 2019

Top 10 Things to Include in a Parenting Plan

By Roger Slade & Josephine Jorgensen

Parenting plans will vary according to each family’s unique circumstances. However, any...

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October 23rd, 2019

Key Provisions in a Commercial Lease – Part II

By Lauren Fallick

As discussed in Part I of this series, there are several key provisions that should be...

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October 16th, 2019

Short-Term Rentals in Miami Beach, Now What?

By David T. Podein & Josephine Jorgensen

Last week, a Miami-Dade County Court struck down Miami Beach’s ban on short-term...

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October 10th, 2019

Should Your Condo Association Adopt Online Voting?

By Jonathan Goldstein

Election season is nearly upon us, and many associations are considering whether to adopt...

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October 2nd, 2019

What is a Contract Provision “Material Term?”

By Jacob Epstein

In any business litigation involving a breach of contract claim, it is crucial that the...

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September 25th, 2019

Accommodation Requests For Assistance Animals in Condo Associations

By Katrina Sosa

While it is very common for condominium associations to include pet restrictions in their...

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August 28th, 2019

10 Signs That You Have a Time-Sharing Problem

By Roger Slade

Time-sharing during a divorce can be easy if you have two cooperative parents dedicated...

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August 21st, 2019

A Condominium Association Victory in the Ongoing Fight for a Prior Owner’s Assessments

By Jonathan S. Goldstein

A recent case, Coastal Creek Condominium Association, Inc. v. FLA Trust Services...

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August 7th, 2019

Key Provisions in a Commercial Lease – Part I

By Lauren S. Fallick

In negotiating commercial leases, there are several key provisions that should be given...

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July 31st, 2019

The Link Between E-Commerce and the Increase in US Cold Storage Facilities

By David T. Podein

Demand for industrial real estate continues to increase, due to a strong market,...

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July 24th, 2019

What’s In Your Operating Agreement?

By Roger Slade

Every limited liability company should have an Operating Agreement. It is amazing how...

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July 17th, 2019

Hurricane Preparedness and Loss Mitigation for Community Associations

By Jonathan S. Goldstein

From Hurricane Andrew to Hurricane Irma, the State of Florida has endured numerous...

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July 12th, 2019

How to File a Mechanics Lien in Florida

By Haber Law

If you have furnished labor, services or materials on a construction project in Florida...

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July 3rd, 2019

How Florida’s Adoption of the Daubert Standard Can Impact Construction Defect Lawsuits

By Lauren S. Fallick

On June 26, 2019, the Sun Sentinel published an editorial: “The Florida Supreme...

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June 20th, 2019

Negotiating Delay Clauses In Contracts – When Force Majeure Is Not Enough

By David T. Podein

Most business people are probably familiar with, and expect to see, force...

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June 14th, 2019

The Importance of Hiring Local Counsel

By Roger Slade

Court rooms can be similar to high schools. There is a dress code, albeit unspoken,...

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June 6th, 2019

The Importance of Keeping Accurate Maintenance Records During Construction Projects

By Frank Soto

In many of the construction defect lawsuits we litigate, one of the main defenses...

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May 30th, 2019

Legislative Session Update Part II – Bills That Were Passed

By Jonathan S. Goldstein

What a difference a month makes… Last month, we provided an update on...

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May 23rd, 2019

Why Having an Operating Agreement is Important for a Florida LLC by Lauren S. Fallick

By Lauren S. Fallick

Florida does not require Limited Liability Companies (LLC’s) to have an Operating...

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May 16th, 2019

Ten Years with Haber Law: From Faxes to iPhones, Continued Innovation

By David T. Podein

I recently celebrated my ten-year anniversary with Haber Law. Looking back, it is...

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May 2nd, 2019

Legislative Session Update – What You Need to Know

By Jonathan S. Goldstein

Various bills that could dramatically affect Florida associations are presently under...

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April 25th, 2019

Construction Defect Pre-Suit Notices: Here’s What You Should Know

By Frank Soto

When hiring a construction company to complete work, most people have expectations...

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April 18th, 2019

You Can’t Sit With Us! Expulsion of an Unruly LLC Member

By Lauren S. Fallick

Business divorces, like marital divorces, can be ugly, especially when one of the parties...

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April 4th, 2019

Is Your Association Missing Out on a Utilities Sales Tax Exemption?

By Jonathan S. Goldstein

Some associations are unaware that they could be entitled to an exemption for the sales...

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March 28th, 2019

How do Florida Courts Address Divorce Judgments from Foreign Countries?

By Roger Slade

Florida Courts are required to recognize judgments of all kinds from other U.S....

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March 21st, 2019

Construction Liens and the Importance of Timing

By Frank Soto

The purchase of a condominium, home or commercial property can be one of life’s most...

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March 13th, 2019

Insurance Agent/Broker Liability – Part II

By Lauren S. Fallick

Under Florida law, an insured may sue their agent for negligence, breach of contract,...

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March 7th, 2019

Optional Condo Terminations

By David T. Podein

In part one of this blog post, we covered the basics of condo terminations, dived into...

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February 27th, 2019

Florida Statute of Limitations on a Judgment Lasts 20 Years

By Roger Slade

Until recently, there has been some debate on this litigation question caused by the...

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February 21st, 2019

The Importance of Qualifying Agents in Construction Contracting

By Kristina Puente

What is a “qualifying agent” and why does it matter? If you are thinking...

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February 14th, 2019

Recent Changes to the Marketable Record Title Act

By Jonathan S. Goldstein

Imagine not being able to collect homeowners’ association dues or enforce rules in...

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February 6th, 2019

The Florida Divorce Courts Are No Place for Tourists

By Roger Slade

The Florida divorce courts have strict limitations on who can file for divorce in...

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January 30th, 2019

Insurance Agent and Insurance Broker Liability – Part I

By Lauren S. Fallick

It is not uncommon that a business and commercial property owners are unaware that they...

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January 23rd, 2019

Condo Terminations – What Are They and How Do They Work?

By David T. Podein

The Miami Herald published an article last year – “Real Estate Developers Ran Out...

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January 16th, 2019

The Deadline Has Passed – Is Your Condominium Website Compliant?

By Rebecca Newman Casamayor

We previously discussed in a prior blog post on Florida condo legislation that new...

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January 10th, 2019

Tips for Homeowners on Florida’s Construction Lien Law

By Jacob A. Epstein

A construction project can be a complicated, frustrating, and costly process with...

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December 20th, 2018

What is a Trade Secret?

By Roger Slade

Have you created a product that is entitled to protection? What do you have to do in...

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December 13th, 2018

Year in Review – Haber Law’s Notable Transactions from 2018

By David T. Podein

Despite the cooling of the South Florida real estate market and rising interest rates...

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December 6th, 2018

Legislative Update Continued: Recalls and Financial Reporting

By Jonathan S. Goldstein

In 2017, extensive legislative changes were made to laws governing various condominium...

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November 29th, 2018

Associations Should Repair Life Safety Defects Even During the Pendency of Litigation

By Frank Soto

With the construction boom in full swing, more and more construction defect lawsuits...

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November 18th, 2018

5 Ways to Prevent Family Business Lawsuits

By Roger Slade

Imagine you’re at the Thanksgiving dinner table with those you love the most—your...

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November 15th, 2018

An End to the Geographic Targeting Order and Reporting Requirements for Cash Purchases of Real Estate? Not Likely.

By David T. Podein

The current Geographic Targeting Order (GTO), issued by the Financial Crimes...

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November 7th, 2018

2018 Legislative Update – Condominium Association Board of Director Conflicts

By Jonathan S. Goldstein

In this third blog post in a series providing 2018 legislative updates, we discuss...

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November 1st, 2018

No-damages for Delay Clause: A Closer Look

By Kristina Puente

Adding to a previous series on key provisions in a construction contract, this post...

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October 25th, 2018

Key Provisions in a Construction Contract – Part 2

By Lauren S. Fallick

As discussed in Part 1 of this series, this blog post discusses considerations that...

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October 18th, 2018

New Florida Appellate Court Decision Finds That A Pre-Suit Notice of Defect Constitutes an “Action” for Purposes of the Statute of Repose

By Jacob A. Epstein

The Fourth District Court of Appeal recently rendered a decision in Gindel v. Centex...

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October 11th, 2018

2018 Legislative Update: Changes Affecting Material Alteration Requirements and Electric Vehicle Owners

By Jonathan S. Goldstein

In this second blog post in a series providing 2018 legislative updates, we discuss...

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October 4th, 2018

The Art of Pleading Construction Defect Claims Within Coverage

By Brett Silverberg

Under Chapter 558 of the Florida Statutes, claimants such as homeowners, HOAs, and...

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September 27th, 2018

Key Provisions in a Construction Contract – Part 1

By Lauren S. Fallick

When negotiating construction contracts for either residential or commercial...

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September 20th, 2018

You’re Negotiating Wrong – Here are Key Ways to Improve

By David T. Podein

All too often, a client will present a contract proposal to me (design services for an...

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September 13th, 2018

2018 Legislative Update – Changes Affecting Condominium Association Maintenance and Preservation of Official Records

By Jonathan S. Goldstein

In this first entry in a series of posts providing 2018 legislative updates, we discuss...

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September 6th, 2018

Construction Defects Require a New 558 Notice

By Frank Soto

558 Notice Requirements Navigating the world of construction defects and 558...

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September 4th, 2018

10 Things to Do When You Get Sued

By Roger Slade

Most people have an extremely negative reaction when they learn that they, or their...

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August 23rd, 2018

Haber Law Attorneys Make Their Mental Health a Priority

By David B. Haber

The Word Is Out on Attorneys’ Mental Health Numerous headlines in media...

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August 10th, 2018

Why Miami Is So Vulnerable to Construction Defects

By David B. Haber

Miami’s unique real estate development market makes it particularly vulnerable to...

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July 19th, 2018

Law Firms Must Help Address Attorney Mental Health

By David B. Haber

Attorneys Experience Prevalent Mental Health Problems It is not uncommon for...

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April 26th, 2018

How to Dig Deeper Before Closing on a Condo Purchase – Part 3

By David T. Podein

As I discussed in Part 1 and Part 2 of this series, buying a condo requires a...

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April 3rd, 2018

How to Dig Deeper Before Closing on a Condo Purchase – Part 2

By David T. Podein

As I discussed in Part 1 of this series, when you buy a condo, you’re essentially...

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March 28th, 2018

How to Dig Deeper Before Closing on a Condo Purchase – Part 1

By Haber Law

As an attorney who has worked on both the buyer and seller sides of real estate...

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March 16th, 2018

How (and Why) to Preserve Evidence

By Roger Slade

Something bad has happened. Your customer has breached the contract by failing to pay....

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March 12th, 2018

What’s in a Condo Website Requirement? More Than Meets the Eye

By Jonathan S. Goldstein

In 2017, the Florida Legislature passed new laws requiring every condominium of 150...

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