The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. As such, businesses need to be aware of the statute and the risk and liability of the statute. Given the pro-consumer nature of the statute, one big consideration for defending against FCCPA claims is how to shift risk to […]
In construction projects, the owner sometimes hires a person or entity to act as the owner’s representative to facilitate the project and act as the point of contact in a representative or agency capacity on the owner’s behalf. These owner’s representatives may oversee the design and construction work, and deal […]
The construction industry has long utilized employee leasing companies to staff their projects. While leasing employees solves a lot of problems for contractors, there remain issues that contractors need to be concerned about. One such issue is the potential of being liable for the labor burden, including workers compensation, because […]
Did you win a foreclosure sale, only to find out later that you did not get what you thought you were bargaining for? If so, you then started wondering what you could do about it. Can you get the sale vacated and set aside, and get your purchase money back? […]
Ownership of waterfront property is very desirable in Florida and often involves unique real property considerations. As a result, a subset of real property law has emerged to address what is called “riparian rights.” Riparian rights include the rights of ingress, egress, boating, bathing, fishing and even the right to […]
We have seen a trend in the construction industry toward contractors requiring their employees to sign non-compete agreements. It has become fairly common practice. But what if your employees are not restricted by signed non-compete agreements? Do you have any rights to stop them from competing or taking your customers […]
Severance agreements are common contracts that are entered into between an employer and a departing employee in which the employee receives extra compensation while the employer receives piece of mind from a non-compete, release of potential claims, or other protections that may be negotiated. However, there are restrictions on severance […]
As a general contractor, subcontractor, or supplier, you have likely experienced problems collecting final payment from your customer. You get to the end of the project, and your customer does not want to pay you the full amount you are owed. Then you get a check in the mail from […]
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Effective May 1, 2021, Florida adopted the federal summary judgment standard. In re Amends. to Fla. R. Civ. P. 1.510, 317 So. 3d 72, 77 (Fla. 2021). The new summary judgment standard substantively changed the standards courts apply when evaluating a motion for summary judgment, substantially changed the procedural rules […]