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Author: C. Ryan Maloney, Esq.

What are the Types of Damages a Property Owner Can Recover for Construction Defects?

October 21, 2021 Construction Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

When a property owner experiences construction defects in their property, one of the important considerations as to whether or not to pursue a construction defect lawsuit is what types of damages may be available to remedy the defects. This is an important consideration, as without a complete understanding of all […]

Florida Supreme Court Adopts Apex Doctrine Protecting Company Executives From Depositions in Many Cases

September 28, 2021 Cross-Industry Legal Blog

In a recent decision, the Florida Supreme Court officially adopted and codified the apex doctrine in the context of corporations for lawsuits in Florida, effective August 26, 2021. See In re: Amendment to Florida Rule of Civil Procedure 1.280, No. SC21-929 (Fla. 2021). This important decision offers a key additional […]

What Every Florida Community Association and Building Owner Needs to Know About Florida’s 10-Year Construction Defect Statute of Repose

August 9, 2021 Community Association Industry Legal Blog, Construction Industry Legal Blog, Healthcare Industry Legal Blog, Hospitality Industry Legal Blog, Insurance Industry Legal Blog

The recent tragedy of the Champlain Tower collapse in Surfside, Florida, has brought an even greater focus on building safety and maintenance by governments, building owners, and condominium and community associations throughout Florida.  As efforts are made to inspect and ensure the safety of buildings across the state, building owners, […]

Five Key Construction Contract Terms That Every Subcontractor Needs to Negotiate

June 1, 2021 Construction Industry Legal Blog

One of the most important aspects of construction project success for subcontractors can be the subcontract agreement.  A one-sided subcontract in favor of the contractor can make problems experienced by the subcontractor on the project even worse, and leave the subcontractor with very few options.  While subcontractors may not always […]

New Florida Law Gives Businesses Liability Protections From COVID-19 Claims

April 12, 2021 Healthcare Industry Legal Blog, Hospitality Industry Legal Blog, Insurance Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

The impact of the COVID-19 pandemic has been difficult on Florida businesses, particularly those in the hospitality, travel and restaurant industries, forcing many of them to close their doors to the public at various times and to suffer financial hardship. As businesses are beginning to re-open, a growing concern has […]

Five Key Construction Contract Terms That Every Building Owner Needs to Negotiate

April 5, 2021 Construction Industry Legal Blog, Healthcare Industry Legal Blog, Hospitality Industry Legal Blog

When a building owners hires a contractor to construct a building or other construction project, the contractor is often significantly more experienced when it comes to the ins and outs of the construction contract as well as the overall construction process.  Oftentimes, a building owner may simply accept the contract […]

New Florida Law Substantially Reduces Retainage Rate on Government Construction Projects

October 1, 2020 Construction Industry Legal Blog, Florida Business Litigation Blog

On September 18, 2020, Florida Governor Ron DeSantis signed House Bill 101, an act relating to public construction, into law. This new law amends Section 218.735, Florida Statutes (the “Local Government Prompt Payment Act”) and Section 255.078, Florida Statutes (the “Florida Prompt Payment Act”), by reducing the maximum retainage rate […]

Overview of Florida’s New Uniform Commercial Real Estate Receivership Act

August 7, 2020 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

On July 1, 2020, the Uniform Commercial Real Estate Receivership Act (“Act”) became law in Florida as part of the newly created Chapter 714 of the Florida Statutes. The Act codifies existing common law in Florida regarding the right to have a receiver appointed by the court in commercial foreclosure […]

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