Monthly Archives: October 2020

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

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 … Read Full Post

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

A Condominium Owner Did Not Pay The Assessment. How Do I Collect?

Under Florida law, condominium associations have the ability to assess unit owners for their proportional amount of the costs and expenses for maintaining and operating the condominium property. The ability of condominium associations to collect assessments from unit owners is … Read Full Post

CATEGORY: Florida Community Association Law Blog Practice Areas:

Should I Terminate a Notice of Commencement?

Before a property owner can make improvements over $2,500 to their property, Florida law requires the owner (or authorized agent) to record a Notice of Commencement in the public records where the project is located. A Notice of Commencement signals … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Canceling and Rescheduling a Mortgage Foreclosure Sale Now Requires a Motion

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 … Read Full Post

CATEGORY: Banking & Financial Services Industry Blog Practice Areas:

Overview of Construction Teaming Agreements in Florida

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 … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

New Florida Law Substantially Reduces Retainage Rate on Government Construction Projects

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 … Read Full Post

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