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 1978). However, there is an exception where the commercial landlord […]
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 material suppliers from general contractors who fail to pay them […]
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 neighboring property owner has the right to drive through your […]
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 Statutes, which sets forth additional pleading requirements for foreclosure complaints. […]
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 took effect on July 1, 2020, and some of which […]
When lenders take life insurance policies as collateral for loans, they need to be aware of what needs to occur to place a claim in the event their borrower dies. Furthermore, in the event the collateral was pledged to multiple lenders, lenders will need to know how to discern whether […]
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. Part 2, titled “Liens and Protecting Your Right to Get Paid,” covered Florida lien law and other mechanisms that subcontractors and suppliers can employ to […]
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. Part 1, titled “Notice and Documenting of Claims,” covered notice and documenting of claims; specifically, how to properly document and provide timely notice of claims […]
Featured in the June 2020 Issue Partner’s Perspective: The Importance of Quality Time Five Jimerson Birr Partners Named 2020 Super Lawyers and Rising Stars Register Now: Managing Problem Projects in Turbulent Times Webinar Series New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
Lenders, including 7(a) lenders and Certified Development Companies (“CDC”), must be proactive in recognizing when a loan should be classified in liquidation status, and understand the necessary steps in the liquidation process. Lenders who act promptly and follow the necessary steps in the liquidation process will maximize collateral recovery, limit […]