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Florida’s Consumer Collection Practices Act (FCCPA) Part 2: Implementing Safeguards and Internal Procedures to Establish a Bona Fide Error Defense to Violations of the FCCPA

May 28, 2020 Banking & Financial Services Industry Legal Blog, Construction Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Part 1 of this series provided an overview of Florida’s Consumer Collections Practices Act (FCCPA) and explained why it is imperative for all business owners to be aware of, and understand, the FCCPA.  This article explores Section 559.77’s bona fide error defense and how businesses can be prepared to defend […]

Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA

May 14, 2020 Banking & Financial Services Industry Legal Blog, Construction Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

All businesses in the state of Florida need to be familiar with Florida’s Consumer Collection Practices Act (“FCCPA”).  The FCCPA is found at Sections 559.55-559.785 of the Florida Statutes.  The FCCPA is intended to protect consumers and is intentionally unfair to creditors.  See §559.552, Fla. Stat. (2019); Kelly v. Duggan, […]

Does an Insurer Have a Duty to Defend a Claim Immediately Upon Receipt of a Florida Chapter 558 Construction Defect Notice?

May 4, 2020 Construction Industry Legal Blog

Construction projects are fragile and issues often arise when the project in practice doesn’t match the project in planning. Resolving these issues has become more standardized with the enactment of Florida Statutes Chapter 558, but the chapter may create as much litigation for insurance companies as it hopes to alleviate. […]

Five Key Changes in the 2017 AIA A201 General Conditions for Construction Contracts

March 30, 2020 Construction Industry Legal Blog

The standard form contract documents developed and published by the American Institute of Architects (“AIA”) are a fundamental part of the construction industry landscape that have been widely used for more than a century.  Importantly, in 2017, the AIA Documents Committee released updated versions of the A201 family of documents […]

Employer Guidance On How To Manage The Workforce While Fighting The Coronavirus

March 13, 2020 Construction Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

On Wednesday, March 11, 2020, the World Health Organization officially designated the Coronavirus (“COVID-19”) as a global pandemic. As our government seeks to limit the spread of COVID-19 in the United States, employers are asking what they can and should do, under the law, to protect their workforces and their […]

Construction Project Notice and Documentation: The Sword and the Shield

February 27, 2020 Construction Industry Legal Blog, Florida Business Litigation Blog

Almost every construction contract or subcontract contains provisions regarding the manner in which notice must be provided to the other party under the contract regarding significant issues on the construction project, including delays, unforeseen conditions, or other claims.  Compliance with such notice requirements, together with contemporaneous documentation during the project, […]

Do Construction Contract Contingent Payment Clauses Mean What They Say? A Guide for Contractors and Subcontractors

November 19, 2019 Construction Industry Legal Blog

Assume you are a subcontractor working on a project to build a large multi-family apartment complex.  You’ve timely and properly performed your work and have submitted monthly pay applications that have been accepted by the contractor and the owner.  However, the owner has recently encountered financial difficulties.  Because of this, […]

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