Negotiating construction contracts is a crucial skill for contractors, design parties, and developers operating in Florida’s bustling construction industry. The ability to navigate these agreements effectively can make the difference between project success and failure. Understand the Importance of Negotiation: Effective construction contracts serve as blueprints for project success, outlining key objectives, requirements, and penalties […]
Tag Archives: Florida Law
How to File a Lawsuit Against a Company
Florida law allows companies the right to terminate an employee for any reason. However, that does not mean the company can violate the person’s rights. In some situations, someone getting fired falls under the category of wrongful termination. At-Will Employment At-will employment means that your employer can fire you for any reason unless you […]
What is a Marital Settlement Agreement?
The statistics on divorce rates are staggering, and even marriages that start out strong may end up in divorce. Therefore, it’s essential to learn all you can about the process of divorce, how it works, and how it can affect you. The Marital Settlement Agreement One aspect of divorce is the marriage settlement agreement. […]
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, […]
What Can A Condo Association Do If A Resident Has COVID-19?
It has been nearly a year since the country went into lockdown due to the pandemic, and condominium associations continue to grapple with how to maintain the health and safety of their residents and employees as the threat of COVID-19 continues to affect our daily lives. Due to the number of residents that may inhabit […]
Construction Liens 101
Although you may have heard of a construction lien, not everyone knows about the ins and outs, what they are for and how they work. What is a Construction Lien? A construction lien (also called a mechanic’s lien) is a legal tool used by individuals and companies when a property owner fails to pay […]
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 […]
Tips for Small Businesses as They Reopen Under Phase II
As our country reopens, businesses have to comply with new laws regarding keeping employees safe and enforcing social distancing rules to eliminate the risk of exposure to COVID-19. Guidelines from OSHA and the EEOC Some tips from OSHA and the EEOC to ensure you are complying with Phase II guidelines are: Remote Work – […]
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, […]
Planning Ahead for 2021: A Brief Guide to Annual Budgets
As we approach the final months of the year, community associations and their Board of Directors must start planning for 2021. There is no question that the global pandemic caused by COVID-19 this year has unexpectedly and significantly impacted every facet of our lives. Condominium Associations have particularly felt the financial repercussions of the pandemic […]
Can I Modify My Alimony Because of the Pandemic?
Millions of Floridians are now suffering a significant decrease in income due to the pandemic. Can individuals who have obligated themselves to pay a fixed sum in alimony to a former spouse now modify that obligation in recognition of the fact that their income has been reduced? The answer, like many things in the law, […]
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 Construction Industry During a Pandemic—Will there be a shift to focus on consequential damages?
Somewhat counterintuitively, consequential damages are damages which flow indirectly from a breach of contract. In a construction project, these damages are typically related to delays to the performance or completion of a project. By way of example, in the construction of a restaurant, if the project is delayed and not completed on time, the owner […]
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 […]
Construction Delays & COVID 19
Construction delays are often a common dispute amongst owners, contractors, subcontractors, design professionals, and the like. The judicial system is bound to see an increase in delay damage claims given the COVID-19 pandemic and resulting government shutdowns. Having an experienced construction lawyer is critical, now more than ever, in order to (a) negotiate construction contracts […]
Tips for Timesharing During the Coronavirus Pandemic
Timesharing can be difficult for many families, especially during the COVID-19 pandemic. As families continue to practice social distancing to mitigate the spread of the virus, issues may arise when the children are being exchanged between households and parents may want to deviate from their timesharing plan. However, the Florida Statutes and most timesharing agreements […]
Legislative Update on Emotional Support Animals
On June 23, 2020, Governor DeSantis approved Senate Bill 1084, which made certain changes to Florida’s existing housing laws as they pertain to emotional support animals (“ESA”). The new legislation, which went into effect on July 1, 2020, aims to penalize: (i) individuals who falsify and/or provide fraudulent information in order to obtain documentation supporting […]
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: […]
Board Member Eligibility for Entity-Owned Condominium Units
It is common for entities, such as a corporation, LLC, or partnership, to hold title to a condominium unit. However, this form of ownership can result in entity-owned units being prohibited from submitting a candidate for the condominium’s board of directors when the condominium’s governing documents limit board member eligibility to unit owners. The […]
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 […]
The Unwitting Waiver of Construction Contract Provisions
What may seem to be an iron clad construction contract provision, may not turn out to be that way in practice–it may depend on the performance of the parties to the contract. Construction project owners need to be aware that courts of law may interpret certain actions or inactions by an owner as constituting a […]
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 […]
Pre-Turnover Contracts – Condominium Association Members Right to Cancel
Can a condominium association decide to terminate a contract entered into by the developer prior to turnover? If so, what contracts are subject to termination? What are the specific procedural and voting requirements in order to terminate the agreement? What are my options? To answer these questions, it requires the review and analysis of an […]
Indemnification for Construction Claims: 101
Some of the most common questions posed to a construction law attorney are concerning indemnification clauses in construction contracts. Indemnification is critical in construction projects, as it limits liability and minimizes risk. While there are multiple avenues to pass through the liability that can arise from a construction project, indemnification is likely the most commonly […]
10 Things Unit Owners Should Know About the Recall Process for Condominium Associations
Sometimes, the people who serve on an Association’s Board of Directors are not necessarily the best suited for the job. Whether it is a Board member’s failure to act in the Association’s best interest or their self-serving or, otherwise, improper conduct, unit owners are able to remove or “recall” a Board member they feel should […]
Condominium Association Material Alterations
Can the Board of Directors decide to change the color of your condominium building or the interior hallways from carpet to white marble tiles? What limits are placed on the Board of Directors’ authority to change the design or elements of a condominium building? These questions all involve the ins and outs of material alterations […]
Prompt Payment on Construction Projects
As any construction industry professional knows, payment disputes are extremely common on both private and public projects. Many times, payment occurs many months (or even years) later. Delayed payment is not only detrimental to a project running smoothly and finishing on time, but it also causes general contractors and subcontractors financial hardship while they balance […]
Consideration of Punitive Damages in Business Disputes
It is important to consider whether there may be a potential basis for punitive damages in any business or commercial litigation disputes, especially where the claims allege business torts and intentional wrongdoing. If utilized properly, punitive damage claims can be an effective tool for claimants because asserting a punitive damage claim may potentially increase the […]