Monthly Archives: January 2013

Do you have a customer entering bankruptcy? Be sure not to violate the Automatic Stay

Section 362 of Title 11 of the United States Code provides for the Automatic Stay in all bankruptcy proceedings, including Chapter 7, 11 and 13 filings. The Automatic Stay is invoked immediately upon a debtor filing for bankruptcy and once invoked it instantly halts all actions by creditors to collect on pre-bankruptcy debts. Read Full Post

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Notice of Commencements – Construction Law’s “Source Document”

The Notice of Commencement is the most useful document for a contractor or subcontractor to obtain necessary information to perfect lien rights. The Notice of Commencement is referred to as the “source document”. A contractor or subcontractor who records a construction lien has the right to rely upon the information contained in the Notice of Commencement when attempting to perfect their construction liens. If the information in the Notice of Commencement is wrong, it will not invalidate the lien. The Notice must contain the following information:

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Compliance with New Florida Rule of Judicial Administration 2.516: E-mail Service

A new rule set forth by the Florida Supreme Court last year altered the manner in which attorneys have been serving court papers by requiring service by electronic mail, or “e-mail.”  Although the rule is fairly straight forward, this attorney … Read Full Post

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Construction Contracts – Recovery of Attorney’s Fees and Expert Fees

Construction litigation is expensive.  In many cases, attorneys’ fees comprise a large portion of the cost; however, they are not the only significant cost.  Increasingly, expert witnesses are needed to address very technical design and construction means and methods issues.  … Read Full Post

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