Monthly Archives: May 2020

Florida’s Consumer Collection Practices Act (FCCPA) Part 2: Implementing Safeguards and Internal Procedures to Establish a Bona Fide Error Defense to Violations of the FCCPA

Part 1 of this series provided an overview of Florida’s Consumer Collections Practices Act (FCCPA) and explained why it is imperative for all business owners to be aware of, and understand, the FCCPA.  This article explores Section 559.77’s bona fide … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Construction Industry Law Blog, Real Estate Development, Sales and Leasing Industry Blog Practice Areas: , , , , ,

Considerations for Community Associations When Reopening their Communities and Common Elements Due to COVID-19

The State of Florida is slowly but surely opening back up after closures from the COVID-19 pandemic.  Governor DeSantis’s Stay at Home Order expired on April 30th, and Executive Order 20-112, effective May 4th, was enacted as Phase I in … Read Full Post

CATEGORY: Florida Community Association Law Blog Practice Areas: , , ,

Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA

All businesses in the state of Florida need to be familiar with Florida’s Consumer Collection Practices Act (“FCCPA”).  The FCCPA is found at Sections 559.55-559.785 of the Florida Statutes.  The FCCPA is intended to protect consumers and is intentionally unfair … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Construction Industry Law Blog, Real Estate Development, Sales and Leasing Industry Blog Practice Areas: , , , , ,

Understanding the Difference Between Condominium and Homeowners’ Association Turnover

Previously, I published a blog reviewing when turnover occurs for a homeowners’ association only.  At first blush, one may conclude that condominium associations and homeowners’ associations would have the same or nearly identical requirements for when turnover occurs.  However, the … Read Full Post

CATEGORY: Florida Community Association Law Blog Practice Areas:

Five Key Tips for Construction Delay Claim Success

Delays are sometimes unavoidable on construction projects. When delays occur, they can often result in increased costs to contractors and subcontractors, and may bring exposure to owner claims for liquidated damages for delay.   Certain types of delays, such as those … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Workforce Guidance for Construction Companies Returning to Full Operation

Many Florida construction companies have spent the past month in varying states of partial operation due to the Governor’s stay-at-home order related to the COVID-19 pandemic. Although restraints are now starting to be lifted, that does not mean things will … Read Full Post

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

Does an Insurer Have a Duty to Defend a Claim Immediately Upon Receipt of a Florida Chapter 558 Construction Defect Notice?

Construction projects are fragile and issues often arise when the project in practice doesn’t match the project in planning. Resolving these issues has become more standardized with the enactment of Florida Statutes Chapter 558, but the chapter may create as … Read Full Post

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

What is the best evidence of death to claim life insurance benefits when death is disputed?

Life insurance protects us after our loved ones pass away, but only if we are entitled to its benefits. Unfortunately, dealing with a death can only be made more difficult by having to prove the death actually occurred. In order … Read Full Post

CATEGORY: Banking & Financial Services Industry Blog Practice Areas: ,