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Author: C. Ryan Maloney, Esq.

Overview of a Trust Beneficiary’s Remedies Under the Florida Trust Code for Breach of Trust

January 24, 2023 Banking & Financial Services Industry Legal Blog, Professional Services Industry Legal Blog

Trusts are a common estate planning vehicle, in which property is held in a trust and administered by the trustee for the benefit of the beneficiaries of the trust.  See Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010).  The Florida Trust Code defines a trust beneficiary as […]

Five Key Provisions Construction Material Suppliers Should Include in Customer Credit Agreements

January 23, 2023 Construction Industry Legal Blog, Manufacturing & Distribution Industry Legal Blog

Material suppliers in the construction industry will often need to extend credit to their contractor and subcontractor customers due to the payment cycle on construction projects that can often run 30 days, 60 days or even longer.  Due to this, suppliers of construction materials will often need to enter into […]

Recent Florida Case Highlights Accord and Satisfaction and Final Payment Contract Provisions as Potential Traps for the Unwary Contractor

January 23, 2023 Construction Industry Legal Blog

A recent opinion by a Florida appellate court, Construction Consulting, Inc. v. District Board of Trustees of Broward College [1], is a cautionary tale for contractors.  It highlights that construction contractors need to be vigilant regarding the terms of their contract related to final payment and any conditions put on […]

Construction Contractors Beware the Consequences of Consequential Damages

April 7, 2022 Construction Industry Legal Blog

Consequential damages for breach of a construction contract are a significant risk that contractors need to understand and be aware of in connection with construction projects.  This blog explains the difference between consequential damages and direct damages for breach of contract, and provides recommended ways for construction contractors to mitigate […]

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 […]

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