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Monthly Archives: April 2015

Construction Industry Licensing Board Part IV – Qualifying Additional Business Entities

April 30, 2015 Construction Industry Legal Blog

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. This post will cover some specific information regarding applications for license holders to qualify an additional business entity.

Construction Defects: What Insurance Policy Applies

April 29, 2015 Community Association Industry Legal Blog, Construction Industry Legal Blog

In construction defect claims, various insurance policies are often implicated. These policies can span many years, so it is critical to determine what policy or policies may provide insurance coverage for the damages that ensue. The insurance policies at play, for general contractors, subcontractors and suppliers, are typically comprehensive general liability policies. Assuming these parties have such policies, the question then becomes what policies apply and do the policies cover the claims.

Florida’s Revised Arbitration Code

April 24, 2015 Professional Services Industry Legal Blog

By: Brittany N. Snell, Esq. and Austin B. Calhoun, Esq.
In 2013, the Florida Arbitration Code was amended and is now known as the “Revised Florida Arbitration Code” (“RFAC”). RFAC applies to all agreements to arbitrate that were made on or after July 1, 2013. Arbitration agreements entered into before July 1, 2013, may be subject to RFAC if all parties consent to RFAC’s application. Beginning July 1, 2016, an agreement to arbitrate, regardless of its date, will be subject to RFAC. Section 682.013, Florida Statutes (2014).

April 2015

April 15, 2015 In The News

Charles Jimerson comments on Jose Lantigua’s arrest and the charges he faces in Insurance News Net’s article “Man once reported dead is arrested; Lantigua, thought dead in Venezuela, detained in N.C., faces fraud charges.”

Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part IV

April 13, 2015 Community Association Industry Legal Blog

This blog post is part IV in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and main sources of revenue.

Recovering Attorneys’ Fees in Litigation: How to Avoid a Defective Proposal for Settlement

April 6, 2015 Professional Services Industry Legal Blog

By: Brandon C. Meadows, Esq.
Many parties engaged in litigation are primarily concerned with resolving their disputes through the most cost-efficient means. In the early stages of litigation, clients pose some version of the following question: “Who is going to pay my legal fees?” Under the common law, each party should bear their own legal expenses incurred. However, entitlement to fees can exist if provided by contract or statute. Because contractual and statutory entitlement to fees is in derogation to the common law, strict compliance with the contract or statute is required. This article addresses a party’s ability to recover statutory attorneys’ fees through strict compliance with the rules and statutes regarding a Proposal for Settlement.

Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part III

April 2, 2015 Community Association Industry Legal Blog

This blog post is part III in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and main sources of revenue. Part I explained that associations have the statutory power to expedite the foreclosure process when lenders are delaying and also illustrated that by implementing a consistent policy for appearing in lender foreclosure actions and expediting the legal proceedings, associations can save tens of thousands of dollars over the years. Part II addressed the unclaimed revenue in the form of foreclosure sale proceeds that associations fail to capitalize on due to not appearing in lender foreclosure actions. This blog post will discuss the advantage associations have in determining, during the foreclosure action, whether the lender is entitled to safe harbor protection or whether the foreclosing entity owes the full amount of unpaid assessments and other charges to the association.

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