Monthly Archives: November 2014

Condo Associations Must Ensure That Accepting Partial Payments from Delinquent Unit Owners Won’t be Considered Payment in Full

By Hans C. Wahl, Esq.

Condominium association budgets suffer significantly when unit owners become delinquent in paying assessments. Moreover, the burden for those unpaid assessments falls on the responsible unit owners who must make up the shortfall in the next yearly budget, which often results in higher assessments across the board. For this reason it is important that associations have collections policies in place to pursue unpaid assessments. However, associations must ensure that in their zeal to collect unpaid assessments that accepting partial payments from delinquent unit owners won’t be considered payment in full of the entire debt owed. This blog post will discuss a recent court case which serves as a loud warning to all associations when accepting partial payments from delinquent unit owners.
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CATEGORY: Florida Community Association Law Blog Practice Areas:

Unlicensed Contracting in Florida: Beware of Arbitrating This Issue

By: James O. Birr, III

The Florida Statutes provide for licensing of certain contractors performing work in this state. If a contractor does not have the requisite licensing, that contractor will not be able to enforce its contract or lien rights. See Florida Statute Section 489.128. This is a dagger to any person seeking to enforce such an illegal contact. While on its face, this statute appears clear, when a party is in arbitration, such an illegal contact may still be enforceable. The Village at Dolphin Commerce Center, LLC, vs. Construction Service Solutions, LLC.
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CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Construction Industry Licensing Board Part II – Proper Methods for Certified General Contractor to Obtain Roofing Experience

Many Florida contractors and license holders have a general understanding of the Florida Construction Industry Licensing Board (“CILB”), but like many quasi-judicial bodies, it can remain a mystery to those who practice and appear in front of the CILB. For … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: , ,

Expert Testimony Admission Standard in Florida: An Analysis of the 2013 Transition from Frye to Daubert

By virtue of HB 7015, signed into law by Governor Rick Scott, effective July 1, 2013, Florida state courts will no longer apply the “Frye standard” (Frye v. United States, 293 F. 2d 1013 (D. C. Cir. 1923)) for determining the admissibility of expert testimony. Instead, Florida now follows Section 90.702, Florida Statutes, which incorporates the “Daubert standard” for expert witness admissibility as reflected in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U. S. 579 (1993), and its most notable progeny, General Electric Co. v. Joiner, 522 U. S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U. S. 137 (1999). This Blog post will examine the “Daubert standard” and discuss how it may impact litigation moving forward. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: