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Monthly Archives: October 2020

How SBA Lenders Ensure Expense Recovery in Loan Liquidation and Litigation

October 28, 2020 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

Lenders should be cognizant about what expenses are classified by the SBA as recoverable or non-recoverable. The SBA does not pay for non-recoverable expenses, such as any fee or cost incurred that was not necessary, reasonable or customary. In addition, the SBA does not pay for legal expenses for non-routine […]

Construction Industry Webinar: You’ve Stopped Getting Paid, Now What?

October 27, 2020 Presentations, Videos

“You’ve stopped getting paid, now what?” aired on Thursday, October 22, 2020. The webinar covered options subcontractors and suppliers can take upon nonpayment on a construction project. The presentation reviewed non-payment issues, and provided ideas for planning, due diligence, and best practices that subcontractors and suppliers can employ when their […]

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 5 – Commercial Foreclosures 101

October 22, 2020 Banking & Financial Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Sometimes, foreclosure of a commercial property is the only option available to lenders and servicers to limit losses as a result of defaults on hotel and restaurant mortgages.  Parts 1-4 of this series discussed pre-foreclosure options available to lenders dealing with hotel/restaurant mortgage defaults.  This article provides a high-level overview […]

Canceling and Rescheduling a Mortgage Foreclosure Sale Now Requires a Motion

October 9, 2020 Banking & Financial Services Industry Legal Blog

In 2010, the Florida Supreme Court approved an amendment to the Florida Rules of Civil Procedure regarding mortgage foreclosures and enacted new forms, such as Form 1.996(b), Motion to Cancel and Reschedule Foreclosure Sale. In 2014, the Florida Supreme Court renumbered this form to the current Form 1.996(c) (2019).  If […]

Overview of Construction Teaming Agreements in Florida

October 7, 2020 Construction Industry Legal Blog

Teaming agreements in the construction world, also referred to as teaming arrangements, are agreements between two or more independent companies to combine their resources, abilities, and knowledge, for the purpose of obtaining and, if successful, performing a competitive bid construction contract. If done properly, teaming agreements can assist these companies […]

New Florida Law Substantially Reduces Retainage Rate on Government Construction Projects

October 1, 2020 Construction Industry Legal Blog, Florida Business Litigation Blog

On September 18, 2020, Florida Governor Ron DeSantis signed House Bill 101, an act relating to public construction, into law. This new law amends Section 218.735, Florida Statutes (the “Local Government Prompt Payment Act”) and Section 255.078, Florida Statutes (the “Florida Prompt Payment Act”), by reducing the maximum retainage rate […]

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