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Author: James O. Birr, III, Esq.

Condominium Board Members: The Business Judgment Rule and Its Protections

April 11, 2022 Community Association Industry Legal Blog

In many condominium associations, unit owners sometimes question decisions made by the association’s board members.  In Florida, those association board member decisions are governed by what is known as the business judgment rule.  That rule affords broad protection to board decisions. One Florida court recently addressed the scope of the […]

How Property Owners Can Protect Their Property from Liens When a Tenant Makes Improvements

December 13, 2021 Cross-Industry Legal Blog

When a tenant contracts for improvements to leased property, the property could be subject to construction liens. This can be particularly problematic for property owners when a tenant does not pay their contractor for those improvements. However, Florida law provides property owners with certain protections from these types of construction […]

Are Confidentiality Agreements or Other Restrictive Covenants Enforceable in Florida Real Estate Transactions?

October 27, 2021 Real Estate Development, Sales and Leasing Industry Legal Blog

It is a common question whether certain restrictive covenants, such as confidentiality agreements, are enforceable in Florida. A restrictive covenant is a contractual agreement or provision designed to protect a party’s business interests and restricts what a party is allowed to do after the agreement is executed. See Proudfoot Consulting […]

Contractors and Owners in Florida Beware: Higher Interest Rates and Increased Penalties for Withholding or Misapplying Construction Funds

July 1, 2021 Construction Industry Legal Blog

On July 1, 2021, Florida Senate Bill 378 takes effect and amends a number of Florida Statutes governing prompt payment on various types of Florida construction projects.  These changes to Florida law result in increased penalties for withholding or misapplying construction funds by increasing interest rates on overdue balances and […]

Takeover Agreements on Performance Bond Claims: What Are They and How Do They Work?

May 24, 2021 Construction Industry Legal Blog

On many construction projects, the general contractor may be required to furnish a performance bond.  That performance bond guarantees the completion of the prime contract if the general contractor defaults. A performance bond is a three-party contract between a surety (the party promising to be responsible if the principal fails […]

Five Key Commercial Lease Provisions for Commercial Tenants

March 11, 2021 Real Estate Development, Sales and Leasing Industry Legal Blog

A business owner may enter into a commercial lease for purposes of renting space to operate its business activities. Unlike residential leases, a commercial lease should not be a one-size-fits-all lease. Under Florida law, non-residential tenancies (commercial tenancies) are governed by Sections 83.001-82.251 of the Florida Statutes. Business owners, or […]

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