Monthly Archives: March 2016

Is Your Community Association Board Making Sound Decisions on Your Behalf?

The directors of Florida community association are obligated to discharge their responsibilities to the community in good faith. Board decisions are generally protected by the “business judgment rule” and the theory behind the business judgment rule is that Courts should not substitute their judgment for the judgment of the elected or appointed board members. Simply stated, Courts must give deference to a community association’s decision if that decision is within the scope of the association’s authority and it is reasonable – that is, not arbitrary, capricious, or in bad faith. Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Condominium Law Blog Practice Areas: ,

You’re Being Sued – And Didn’t Know It

No individual or business owner wants to be sued. But, that unfortunate situation is made even worse when news of being sued is followed by learning that, unbeknownst to you, the lawsuit was actually filed some time ago and you have had a “default” entered against you. Of the many questions that would surely race to your mind, the first are likely to be: what is a default? and how do I address the default? Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Litigating Construction Defects in Community Association Property: Part IV

This article is Part IV of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered. Part II was meant to inform the Board about the process of retaining an expert witness and serving a Notice of Claim. Part III was meant to inform the Board about common insurance coverage issues, whether to bring a direct claim against the subcontractors and whether the Board can be forced to arbitrate the claim. This article will discuss how to quantify damages and will discuss the mediation process. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: ,

Litigating Construction Defects in Community Association Property: Part III

This article is Part III of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered. Part II was meant to inform the Board about the process of retaining an expert witness and serving a Notice of Claim. This article will discuss how to determine if the Board is obligated to arbitrate its claims, whether to bring direct claims against the subcontractors and will discuss common insurance coverage issues. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: ,

Litigating Construction Defects in Community Association Property: Part II

This article is Part II of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered. This article will discuss the retention of the lead expert witness and providing the statutorily required notice of defect claim. Part I stressed that an attorney should be retained shortly after latent construction defects are discovered and that only emergency repairs should be made without first consulting an experienced attorney. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: ,

Drafting Enforceable Settlement Agreements and Avoiding Pitfalls

Settlement in big ticket litigation is extremely common.  Nationally, about 95% of civil cases settle before going to trial.  There are a number of benefits of settling a case, including eliminating the uncertainty of a result presented by trial on … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Unlicensed Contractors: Statute of Limitations Defense

Unlicensed contracting is a huge problem in Florida, and the Florida Legislature and Courts have fashioned a host of penalties.  See Penalties for Unlicensed Contracting in Florida.  However, according to a recent opinion from Florida’s Fifth District Court of Appeals, … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

An Overview of Contesting OSHA Violations

An inspector from the Occupational Safety and Health Administration (“OSHA”) just visited your premises and issued you, the employer, one or more citations detailing the nature of each violation committed and any associated penalties. You may be wondering what your options are to contest the citations and if there are any ways to reduce or completely eliminate the fines that may be associated with those citations. The procedure of formally contesting an OSHA citation is relatively straightforward, however if you do not abide by the strict deadlines associated with that procedure, you can lose the right to contest the citation, or worse the citation will become final and you will be forced to pay the penalty. As an employer who has received a citation, you may agree to the citation, correct the condition by the date set in the citation, and pay any penalty that is proposed, or you may send in writing a Notice of Intent to Contest of the citation, proposed penalty and/or the abatement date within fifteen (15) working days of receiving the citation. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

What You Need to Know About Commercial Real Estate Lease Agreements: Part I

Parties must consider numerous issues when entering into commercial lease agreements. Such considerations encompass everything from the express and implied duties of each respective party to the remedies afforded to each party in the event of a breach. This blog post is Part I in a series of posts providing an overview of important considerations for commercial lease agreements. Part I discusses mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved. Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , ,

Owner Builder Permits – Why Acting as Your Own Contractor in Florida Can Be Risky Business

The Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry. As a result, the Florida Legislature enacted Chapter 489, Florida Statutes. From that statutory authority, the Construction Industry Licensing Board was created and along with the Department of Business and Professional Regulation, promulgated 61G4 of the Florida Administrative Code to further set forth rules and standards that govern the construction industry in Florida. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,