Learn about the recent amendment to Florida Statute 553.84 that defines the scope of a private cause of action for building code violations. Understand the requirements, limitations, and the concept of material violations. Consult experienced construction counsel before pursuing a lawsuit.
Florida has amended and shortened the deadline for construction and design defect lawsuits from 10 to 7 years. Learn about the changes and limitations here.
When a judgment creditor in Florida attempts to collect on a judgment involving an individual, one mechanism for doing so is through a garnishment action of the judgment debtor’s bank account. Florida has a statutory garnishment process that judgment creditors must follow. See Florida Statute Chapter 77. Not all Bank […]
Well-drafted business contacts contain all types of key provisions, ranging from payment terms, work to be performed, and how disputes are resolved. When it comes to dispute resolution provisions in a business contract, those provisions should address where the dispute gets resolved (known as the forum or venue) and […]
Are you thinking about forming a limited liability company (“LLC”) in the State of Florida? If so, you should give strong consideration to having a written operating agreement in place to govern that LLC. That agreement will serve as the play book for your company and reduce potential conflicts amongst […]
Florida’s assignment of benefits statute affects homeowners and businesses alike, and both parties should proceed with caution when dealing with an assignment of benefits agreement. Indeed, section 627.7152 of the Florida Statutes codifies the requirements for a valid assignment of benefits agreement. See Section 627.7152 of the Florida Statutes. What […]
When you think of arbitration of disputes, one typically relates it to an agreement between parties, who have chosen that form of dispute resolution. However, in some cases, even parties that have not signed an agreement to arbitrate may be required to arbitrate their claims. Indeed, the Florida Supreme Court […]
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 […]
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 […]
When construction contractors in Florida are hired by a tenant to work on leased property, those contractors must understand their construction lien rights. In certain circumstances, those construction lien rights may not be as robust as the contractor thinks. This blog will provide an overview of a contractor’s lien rights […]