Monthly Archives: March 2013
Operating under Florida’s Construction Lien Law can leave some contractors feeling as if they are negotiating the proverbial “minefield” of the Florida Statutes. One reoccurring question (whether in residential or commercial construction) I routinely address is, “How many construction liens must I record”. That depends on whether you have one or more contracts and are dealing with one or more owners. Read Full Post
Florida’s Department of Business and Professional Regulation (“DBPR”) is the state agency in charge of licensing and regulating businesses and professionals within Florida. The DBPR is under the control of the executive branch of government and governed by the Administrative Procedure Act, found in Chapter 120 of The Florida Statutes. The DBPR breaks down its regulation into businesses and professions. Read Full Post
By Christopher M. Cobb
With the construction industry working again, construction companies are continuing to look for alternative and non-conventional methods of advertising their services in order to secure projects. Advertising can make the difference between an outstanding business year and “keeping the lights on”. Florida contractors have many new ways of promoting their businesses with the increased use of internet websites and the advent of social media outlets. Read Full Post
Banking liability and avoidance of check scams: Enforcing deposit agreements when customers have been defrauded by Nigerian check scams
By: Charles B. Jimerson, Esq.
Stop me if you have heard this one: An attorney receives a call from a desperate potential new client. Somehow the business transaction this international client was dealing with has hit an unexpected bump in the road, and because the client is dealing with an international business set here in the U.S., the situation now requires the fine eye of an experienced business litigation attorney. The company the new client claims he works for and the debtor checks out so the attorney draws up representation papers and accepts the new client. Within no time at all the client calls and informs his lawyer a settlement to be paid to the lawyer’s trust account within days. Time is of the essence, and the client convinces the lawyer it needs the money wired as soon as the lawyer receives the money order or cashier’s check. Read Full Post
The Florida Supreme Court has Limited the Economic Loss Rule to Products Liability Cases: Are Tort Claims now Available for Economic Losses when Parties are in Contractual Privity?
By: Matthew F. Havice, Esq
Likely not; however, the Court’s recent decision leaves the issue open to interpretation. On March 7, 2013 the Florida Supreme Court published an opinion limiting the Economic Loss Rule to products liability actions. Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Companies, Inc., 38 Fla. L. Weekly S151a, WL 828003 Fla., 2013. Tiara Condominium, involves a condominium association (“Tiara”) who retained an insurance broker (“Marsh”) to secure condominium insurance coverage. Marsh secured windstorm coverage through Citizens Property Insurance Corporation (“Citizens”), which issued a policy that contained a loss limit of $50 million. Read Full Post
By Hans C. Wahl, Esquire
The depressed economy and housing market of the past several years has hit Florida’s timeshare industry especially hard. As unit owners become delinquent on their management fees and default on their payments, timeshare management associations find themselves in a credit crunch due to decreased revenues. Many associations are seeking ways to increase, or simply maintain, their revenue stream. If the association has the capacity and oversight capability, managing its own unit owner exchange program can be an excellent means of creating additional revenue. Read Full Post
By Kelly A. Karstaedt, Esq.
Is a provision in a contract waiving a party’s right to file a bankruptcy action, or limiting that party’s rights in a future bankruptcy action, valid? In short, it depends. In general, contractual agreements which limit or deny a party’s ability to file a bankruptcy action have been held to be unenforceable. However, certain types of waiver provisions and the circumstances surrounding agreement to the bankruptcy waiver may create an enforceable waiver. A great deal of litigation has sprung up around this issue and the courts still seem to be split on how to approach the validity of a bankruptcy waiver provision in a written contract. Read Full Post
By: Matthew F. Havice, Esq
It is well known that lien laws vary greatly from state to state. While all states have codified their respective rules regulating the who, what, where, when and how of their states lien laws, it can be difficult for contractors, subcontractors and suppliers to keep track of the ever changing laws in the various states they service. The problem is compounded when servicers are located or commonly due business near the border with other states as it usually make economic sense to provide your services across the state boundary; however, many contractors and suppliers need to know that each states laws vary in terms of timing for filing liens, the process of filing and executing on a lien as well as in many other areas. Therefore, I am providing a list of the top ten things you should know about Georgia lien law for your reference. Of note, this list is certainly not all encompassing and is meant as an overview of some of the specific issues that I deal with when advising clients on Georgia’s lien laws:
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