Monthly Archives: July 2020

You received an OSHA citation, now what? Steps any business should consider in response to an OSHA citation

Within the last six months an inspector from the Occupational Safety and Health Administration (“OSHA”) visited your premises and you just received a “Citation and Notification of Penalty” for violations allegedly identified during the OSHA inspection.  Now what?  OSHA citations … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 3: Commercial Mortgage Default Options Including Acceleration and Enforcement of Personal Guaranties

In reviewing a loan file after a default by a borrower, lenders should evaluate whether the loan includes an acceleration clause and whether the loan is secured by any personal guaranties. With commercial loans, typically the loan documents will include … Read Full Post

CATEGORY: Banking & Financial Services Industry Blog, Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Blog Practice Areas: , ,

Construction Industry Webinar: Bond Law for Subcontractors and Suppliers

Managing Problem Construction Projects in Turbulent Times: Tools for Success is a multi-part education series designed for business owners and leaders in the construction industry. This webinar is the third part of the series and covers bond law for subcontractors … Read Full Post

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Avoiding Wage and Hour Lawsuits in the Financial Services Industry

Wage and hour lawsuits under the Fair Labor Standards Act (“FLSA”) make up a significant percentage of employment lawsuits in the United States, and particularly in Florida. That trend holds true in the financial services industry, despite such lawsuits being … Read Full Post

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

Certification of Original Promissory Note is Required To Bring a Mortgage Foreclosure Action

In 2013, the Legislature enacted Section 702.015, Florida Statutes, which sets forth new pleading requirements for residential foreclosure actions. At that time, the Legislature requested the Florida Supreme Court to amend the Florida Rules of Civil Procedure to provide expedited … Read Full Post

CATEGORY: Banking & Financial Services Industry Blog Practice Areas:

Does a Commercial Landlord Have a Duty to Mitigate Damages After a Tenant Breaches the Lease Agreement?

Generally, a commercial landlord does not have a duty to mitigate or reduce its damages after a tenant breaches the commercial lease agreement.  See Coast Fed. Savs. & Loan Ass’n v. DeLoach, 362 So. 2d 982, 984 (Fla. 2d DCA … Read Full Post

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

Perfecting Rights Under the Miller Act for Federal Construction Projects

Contractors cannot file mechanic’s liens on public construction projects, such as work on military bases, courthouses, or government owned buildings. Instead, the Federal Miller Act, 40 U.S.C. § 3131-3134, fills in this gap by protecting certain levels of subcontractors and … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Understanding Easements, Rights-of-Way and Their Affects on Property Value

The value of property can be highly dependent on the rights—like easements and rights-of-way—that come along with it. For example, your property value will be affected by the extent of your ability to build on the property, or if a … Read Full Post

CATEGORY: Real Estate Development, Sales and Leasing Industry Blog Practice Areas:

Bringing a Residential Foreclosure Action? You Need a Verified Complaint

In 2010, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.110(b) to include a verification provision in foreclosure complaints. Subsequently and in an effort to expediate the residential foreclosure process in Florida, the Legislature enacted Section 702.015, Florida … Read Full Post

CATEGORY: Banking & Financial Services Industry Blog Practice Areas:

2020 Amendments to the Florida Statutes Affecting Community Associations

web polls JavaScript is disabled! Each year the Florida Legislature proposes amendments to various sections of the Florida Statutes, and some of those proposed amendments involve community association governance.   Florida Governor DeSantis recently signed several proposed bills into law that … Read Full Post

CATEGORY: Florida Community Association Law Blog Practice Areas: