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Author: Jimerson Birr

Real Estate Contracts, the Statute of Frauds, and Exceptions to the Statute of Frauds

June 11, 2014 Real Estate Development, Sales and Leasing Industry Legal Blog

The “statutes of frauds” is a doctrine of law that requires certain contracts to be in writing and signed by the person to be charged in order to be enforced. One such contract that falls under the statute of frauds is a contract for the sale of real property. Fla. Stat. § 725.01. Case law has placed additional requirements on contracts for the sale of real property, requiring them to be specific as to the parties involved, the subject matter, the parties’ obligations and the consideration. Minsky’s Follies of Fla., Inc. v. Sennes, 206 F.2d 1, 3 (5th Cir. 1953). If the underlying real estate sales contract is not certain and clear as to all of those items then it is unenforceable. The reasoning for this was articulated by the Federal Fifth Circuit Court of Appeals: “In order that there be a contract [for the sale of real property], the parties must have a definite and distinct understanding, common to both, and without doubt of difference.” Id.

Legislative Update: Florida’s 2014 Legislative Session’s Impact on the Construction Industry

June 9, 2014 Construction Industry Legal Blog

The 2014 Florida Legislative session came to an end on May 2, 2014. With a $1.2 billion surplus and elections looming in the fall, cuts in state taxes and fees were a priority for Governor Scott and for legislative leaders. Early in the session, the Legislature passed a $395 million roll-back in vehicle and vessel registration fees which may help the construction industry – fees that were increased in 2009 under the watch of former Governor Charlie Crist.

Measuring Delay Damages: Labor, Material and Equipment Escalation Costs

June 3, 2014 Construction Industry Legal Blog

For those that missed the earlier parts of this Blog series, as of this post, the series has discussed: what is necessary to prove a delay occurred, combating the most common defenses, varying methods to calculate delay damages—Total Cost Method, Modified Total Cost Method and the Eichleay Formula for calculating overhead damages. Often, because of the delay, the work is performed in a higher wage period than initially planned; similarly, the cost of continuing to rent and possess idle equipment negatively affects the contractor. Part six of this series will discuss the potential recovery related to labor, material and equipment escalation costs directly associated with the delay.

Florida Construction Liens – Enforcing Lien Rights Under a Contract With an Arbitration Provision

June 2, 2014 Construction Industry Legal Blog

In Florida, construction liens provide a valuable remedy to contractors. In order to be entitled to a construction lien, a contractor must strictly comply with the conditions precedent set forth in Sections 713.001 – 713.37, Florida Statutes. One such condition precedent is the commencement of an action to enforce the lien in a court of competent jurisdiction before the lien expires. See Section 713.22. This blog examines a particular nuance of this requirement – enforcing the lien when the contract contains an arbitration provision.

Condo Associations and HOAs can Violate the Fair Housing Act by not Timely Responding to a Unit Owner’s Request to Keep a Service Dog

May 29, 2014 Community Association Industry Legal Blog

On March 19, 2014, the U.S. District Court for the Southern District of Florida issued an opinion of which all condominium association and HOA board members should be aware. That case, Sabal Palm Condominium of Pine Island Ridge Association, Inc. v. Fischer, involved a resident’s request to keep a service dog due to her disability. The court ultimately determined that the condo association violated federal law in its unsatisfactory response to that request. Specifically, the court held the condo association’s actions violated the Fair Housing Act, 42 U.S.C. § 3601 et seq. (“FHA”).

Measuring Delay Damages: Overhead and the Eichleay Formula

May 28, 2014 Construction Industry Legal Blog

You have proven that a delay occurred, effectively addressed the common and most applicable defenses and sifted through a few available methods to calculate damages. While these other methods, the Total Cost Method and the Modified Total Cost Method, pertain mostly to the actual work done, they do not assist in recovering jobsite or general and administrative overhead. Luckily enough, the courts have been kind enough to create a formula to allow for calculating the monetary amount for home-office overhead that corresponds to the unplanned increase in resources as a result of a delay. This post will discuss what is known as the Eichleay Formula, which is used to approximate the amount of unabsorbed overhead that is a result of a particular delay.

Basic Considerations for Residential Roofing in Florida Part 2 of 3

May 27, 2014 Construction Industry Legal Blog

Roofing systems are an integral part of any new construction. There are a number of things to consider when selecting a new roof system. Of course, cost and durability head the list, but aesthetics and architectural style are important, too. The right roof system for your home or building is one that balances these considerations. This is a three part blog that will discuss basic residential roofing considerations in Florida. Part I will discussed the basic components and types of roofs. This Part II will discuss the ventilation and “Enemies” of your roofing system. Part III will discuss considerations in selecting a roofing contractor.

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