Lenders, Developers, Environmental Professionals and others over the years have come to know the industry standard for conducting and reporting environmental due diligence, “ASTM E1527 Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process”. E1527 (commonly referred to as a “Phase I”) was designed by ASTM International […]
When a lender holds a defaulted loan there are several issues that need to be considered before initiating a foreclosure. Lenders must ensure compliance with all relevant State and Federal laws and regulations to preserve their remedies for recovery. Additionally, specific Federal regulations may also apply and provide additional requirements […]
In Florida, the public and press have a fundamental right of access to judicial proceedings, which includes access to documents submitted to the court. This may be troublesome for businesses seeking to maintain the confidentiality of sensitive information, such as trade secrets or other proprietary information. However, under certain circumstances, […]
Professional service providers in the state of Florida find themselves in precarious legal situations often given the nature of their work. Because these companies are providing advice, consulting, or other services based an employee’s individual qualifications or relationships, there is always an opportunity for the individual to act in his […]
In Florida, foreclosure actions must be brought in the county where the land is located. This is typically referred to as the “local action rule.” However, lenders often wonder where they should file the foreclosure action if the loan is secured by mortgaged land situated in different counties. Luckily, the […]
Oftentimes, individuals or businesses borrow money from a bank or lender, and unfortunately, are unable to pay the loan payments. In this event, the borrower may try to shift the blame of their inability to pay on the bank or lender, by filing a claim for negligent loan processing or […]
On December 22, 2020, the United States Environmental Protection Agency (EPA) delegated to the Florida Department of Environmental Protection (FDEP) the authority to issue Section 404 federal Clean Water Act (CWA) permits for dredge and fill activities in certain waters within Florida. The state’s assumption of responsibility over Section 404, […]
On December 31, 2020, the Florida Supreme Court changed Florida’s summary judgment standard by adopting the federal standard in an amendment to Florida Rule of Civil Procedure 1.510. Summary judgment can be a useful tool that allows a court to decide a case after pleadings (and most of the time […]
Construction project contracts have varied nuances and needs depending on the specific project and its scope of work to be performed. Some can be satisfied in concise, short proposals while others require more detailed sections. For general contractors, understanding key contract provisions is vital to protecting both the project and […]
The coronavirus or COVID-19 pandemic (or perhaps the resulting monetary policy) has caused materials costs to skyrocket. In the past year, as of early February 2021, steel prices are up about 27%; copper prices are up about 37%; rubber prices are up about 62%; lumber prices are up about 113%; […]