Monthly Archives: July 2014
James O. Birr, III
Florida’s Civil Theft statute is an attractive claim to many plaintiffs because, if successful, it allows recovery of treble damages and attorney fees. See 772.11 of the Florida Statutes. Civil theft claims can be asserted by individuals and businesses alike, and are meant to create civil liability for criminal practices that are violations of 812.012-812.037 or 825.103(1) of the Florida Statutes (i.e. crimes of theft, robbery, and exploitation of elderly persons). A party contemplating asserting a civil theft claim under Florida law must be aware of its nuances and pleading a proof requirements before asserting the claim. Read Full Post
Legal Actions the Buyer of Real Property Can Bring When a Seller Breaches A Real Estate Sales Contract
By Hans C. Wahl, Esq.
In a prior post, this blog discussed the legal claims a seller of real estate can bring against a buyer when that buyer breaches the real estate sales contract. A buyer, on the other hand, also has various legal and equitable claims against the seller of real estate when the seller is unable to convey marketable title or if the seller has a duty to disclose certain defects but fails to make those disclosures. When the seller breaches, the buyer’s claims will largely depend upon the terms of the sales contract, along with the buyer’s underlying goals. This blog post will describe the various legal actions that buyers of real estate can bring against a seller when that seller breaches the real estate sales contract. Read Full Post
By Hans C. Wahl, Esq.
Before entering into a contract to sell a piece of real estate to a prospective buyer, a seller is obligated to disclose certain things to the buyer. When the seller fails to make those proper disclosures, the buyer has available several legal and equitable remedies that he or she can bring against that seller. This is because, under Florida law, a seller’s failure to disclose certain conditions is considered a breach of the real estate sales contract. But a seller does not always have a duty to disclose, meaning the buyer is still subject to the doctrine of caveat emptor in some situations. This blog post discusses when the seller of real estate is under a duty to disclose, what the seller is required to disclose and under what circumstances the seller has no obligation to disclose. Read Full Post
Good News for Design-Build Contractors: Design-Build Contracts Do Not Have to Identify a Licensed Architect
In Florida, design-build contracts do not need to identify a licensed architect . This rule was clarified in the recent case of first impression, Diaz & Russell Corporation, et al. v. Dept. of Business and Professional Regulation, 2014 Fla. App. LEXIS 8113, No. 3D13-1764 (Fla. 3d DCA May 28, 2014). An exception in Section 481.229(3), Florida Statutes, allows contractors to “negotiate” design-build contracts, so long as the negotiating contractor is neither offering to render, nor actually rendering, the architectural services of the project. Read Full Post
By: Brent T. Zimmerman, Esq. and Mark F. Moss, J.D. 2015
This is the final submission in a series of Blog posts dedicated specifically to explaining delay damages. This series has covered these damages from beginning to end. From successfully proving that a delay occurred, while addressing common defenses and discussing the various methods used to calculate delay damages (Part III, IV, V, VI, VII and VIII). All of this information is applicable to all construction contracts, but there are additional concerns and methods applicable to federal construction contracts. This final post will examine the special considerations and methods of calculating damages that are commonly associated with federal construction contracts.
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By: Brent T. Zimmerman, Esq. and Brandon C. Meadows, J.D.
Design Professionals, such as architects and engineers, may be subject to malpractice actions arising from their performance of professional services. The Florida statute of limitations for professional malpractice claims is two years. Unlike other professionals in Florida, design professionals may also be subject to causes of action arising from services rendered in the design or planning of construction projects. The limitations period for actions arising out of the design, planning or construction of an improvement to real property is four years. Due to the nature of their profession, design professionals will inevitably face the apparent conflict between the two limitations periods. Whether you are pursuing or defending an action against a design professional arising from a construction project in Florida, understanding which limitation period applies is critical. Read Full Post
Condo Associations Must Thoroughly Review Lender’s Documents Before Conceding That Lender is Entitled to First Mortgagee Protection Under Fla. Statute 718.116(1)(b)
A crucial section of the Florida Condominium Act, which directly and significantly affects the assessment revenue and yearly budget for all associations, is Section 718.116(1)(b), Florida Statutes. That section has become known as the first mortgagee’s “safe harbor protection” because … Read Full Post