Imagine you have filed a lawsuit against the former contracting company completing renovations on your commercial property. In the midst of litigating your case, you hear a knock on your door. It is a process server delivering a complaint filed against you by your former contracting company for tortious interference and defamation. Your former contracting […]
Tag Archives: Florida Courts
Immunity for Condos from Covid-19 Liability
COVID-19 has changed our way of life in so many ways. Accordingly, new laws have been enacted to address the concerns and protect those affected by the pandemic and legal issues that stem from the fallout. New Florida Law S.B. 72 A new bill, S.B. 72, was recently signed into law by the governor […]
Who Is Responsible for Construction Defects?
One of the most critical questions to answer after the discovery of a construction defect is who is responsible for the damage? That may not be a quick or easy thing to determine. What Can Go Wrong with a Construction Project Many things can go wrong on a construction project ranging from bad design, […]
Conducting Condominium Elections During COVID-19
It’s that time of year again—Election season! As many condominium associations begin preparing to hold their annual membership meeting, many are wondering how to do so safely given the ongoing COVID-19 pandemic. Fortunately, over the past few years we have learned there are several different technologies that will allow association members to participate in […]
What Condo Associations Should Do to Prepare for a Holiday Season Amidst a Pandemic
With Covid-19 cases on the rise and the holidays approaching, the re-opening of common element facilities should be viewed with care. Associations should revisit the numerous safety considerations that informed the re-opening process. The following is a list of some of these critical issues: Associations should confirm whether they are still able to adhere […]
Developer Liability for Building Code Violations Under Section 553.84, Florida Statutes
Among the numerous causes of action available to construction defect plaintiffs in the State of Florida, there is Florida Statute Section 553.84, which creates a statutory cause of action for owners based on violations of the Florida Building Code against parties who “committed” the violation. Defering Responsibility to Other Parties In construction defect litigation, […]
Statutory Mechanisms to Potentially Remove and Extinguish Construction Liens
A construction lien is filed against your property claiming that a contractor (or even a subcontractor hired by your contractor) was not paid for labor, services, and/or materials rendered. However, there are statutory mechanisms under Fla. Stat. §§ 713.22 and 713.24, which permit a property owner to transfer the lien to a security and […]
The Florida Mortgage and Eviction Moratorium: Clarification for Community Associations
On April 2, 2020, Governor Ron Desantis issued Executive Order 20-94 which temporarily suspended all mortgage foreclosure and residential eviction “cause[s] of action” for 45 days. The Order was subsequently extended four times, most recently pursuant to Executive Order 20-180 (“EO 20-180”), which was issued on July 29, 2020 and extended the moratorium until […]
Don’t Love Thy Neighbor’s Construction Project Damaging Your Building? An Overview of Potential Claims and Remedies.
A new, neighboring building is being constructed, or an existing adjacent building is undergoing renovations, which poses the risk of causing, or actually causes, damage to your condominium association during the process. Here is an overview of potential damages, remedies, and solutions regarding neighboring construction issues. Damages caused by neighboring construction projects may include: […]
Florida Restaurant Owners Ask: Can I Take a Customer’s Temperature?
The world has changed dramatically in the last ninety days. Just last year, the question of whether a restaurant would even ask a customer to take the customer’s temperature would have been unthinkable. Now, it is actually happening. All over the country. Taking your customer’s temperature before dining may provide solace to restaurant owners and […]
When Are Your Civil Litigation Attorneys’ Fees Recoverable?
Litigation can be a time-consuming, stressful, and often expensive process. A civil dispute can drag on for years, causing out-of-pocket expenses in attorneys’ fees and other costs (including filing fees, expert fees, process servers, etc.) to pile on. However, there are certain ways under Florida Law in which a litigant may be entitled to recover […]
Legal Issues for Restaurant Owners
The current pandemic has ravaged the restaurant industry and has caused hardship on a scale not previously imagined. It used to be that a restaurant owner’s most cherished assets were its investors, its chef, or its best Maître D. Now, in the current crisis, a restaurant owner’s best friend may be its lawyer. The Coronavirus […]
Smoking in Condo Associations: Cigarettes & Medical Marijuana
Over the past forty years, the United States has experienced a sweeping movement to ban smoking from just about everywhere. Many condominium owners’ associations (COA) have adopted smoking bans that prohibit owners from smoking in common areas and even inside their own living space. Medical marijuana complicates this issue even further. Smoking in Common […]
What is a Contract Provision “Material Term?”
In any business litigation involving a breach of contract claim, it is crucial that the attorneys on the case perform an analysis as to whether the breached contract provision is a “material term.” If the provision is not a material term, it is possible that the claimant might not be entitled to any damages at […]