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 […]
Tag Archives: Litigation
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 […]
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 […]
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 […]
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 […]