Monthly Archives: March 2018

Florida Lien Law: Removing a Construction Lien From Your Property

When contractors and other persons are not paid for their work on a private construction project in Florida, they may resort to recording a construction claim of lien on that property.  That construction lien will serve as an encumbrance on … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

The Most Common Licensing Violations Committed by Certified Contractors: Part III

Part III of this series will discuss being disciplined by a local municipality and how this can affect a certified contractor’s license.  It is common knowledge within the construction industry that local building departments require certified contractors to obtain an … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Is Time Running Out on Your Association’s Covenants and Restrictions? How to Preserve your Covenants and Restrictions under Florida Law

The Florida Marketable Record Title to Property Act (“MRTA”) can operate to extinguish interests in real property that were recorded prior to the “root of title” to a property.  In Florida, the root of title must be established by a … Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas:

Commercial Evictions in Florida: What No Landlord Wants to Go Through, but What Every Landlord Needs to Know, Part 2: Filing the Complaint

Having been served with a notice of default, a tenant then has three days to cure a breach for failure to pay rent and fifteen days to cure a nonmonetary breach, unless the parties’ lease provides different timeframes. If the tenant subsequently fails to cure the breach, the landlord must then file suit for eviction. Read Full Post

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

How to revive your HOA Covenants under Florida Law

If the Covenants and Restrictions for your Homeowners’ Association were recorded in the public records more than 30 years ago, they may no longer be enforceable against some or all of the properties within your community.  Unenforceable covenants create a myriad of problems, including an inability to collect association assessments and an inability to enforce aesthetic covenants that enhance property values within the community. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas:

Material Supplier Construction Lien Rights: Lien Releases

There are a few things a supplier can do to ensure they get paid on a construction project. One of the most important steps a supplier should take is preserve its lien rights under Florida’s Construction Lien Law, Section 713.001-.37, Florida Statutes. A critical component of that process is the “lien release.” Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Are mineral and subsurface rights subject to eminent domain governmental condemnation in Florida?

Many times, mineral and subsurface rights are more valuable than the land or buildings that sit on top of them. Florida landowners facing eminent domain governmental condemnation must be compensated for the full extent of their ownership, including mineral and subsurface rights. Read Full Post

CATEGORY: Florida Eminent Domain Law Blog Practice Areas:

The Psychology of Conducting a Successful Mediation that Doesn’t Create Settlement Regret

Due to the adversarial nature of litigation, settling a case at mediation can often be a daunting task.  Hence, the common expression of a “good settlement is one where both sides are unhappy.”  Emotions run high on both sides.  Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Are installed fixtures subject to eminent domain governmental condemnation in Florida?

Property owners often install fixtures to their land without knowing that their land will one day be seized through eminent domain governmental condemnation. In Florida, property owners must be compensated for everything that is seized through eminent domain, including installed fixtures. Read Full Post

CATEGORY: Florida Eminent Domain Law Blog Practice Areas: