Often, an entire household is dependent upon the wages earned by a single head-of-household. To protect the financial well-being of these dependents, the Florida legislature has exempted some of these wages from wage garnishment. However, Florida courts have struggled to consistently apply the exemption. The greatest issue has been whether […]
This blog is part of a series covering a critical component of a Florida construction lien—recording the claim of lien within 90 days’ of “final furnishing.” Failing to record a claim of lien within the 90-day final-furnishing deadline renders the lien completely invalid and useless. The trick is knowing when […]
Whether purchasing a business, a piece of real property, or even a car, there is likely a lengthy contract that goes along with that purchase. Many of those contracts contain “as-is” or “no warranty” provisions. These types of provisions may also include language that the seller of the property is […]
Almost everyone, regardless of whether they have ever leased out or rented a commercial space, is generally aware of each party’s duties under a commercial tenant lease agreement. The landlord allows the tenant to use his building, in exchange for the tenant making rental payments. But, most people, even experienced […]
Selling your business is one of the most important decisions you will ever make. The reasons for selling your business can vary. It can be a well planned event culminating decades of hard work, it can occur quickly due to an offer that can’t be refused, or it can be […]
As the economy remains hot and the lending environment remains competitive, many OCC regulated banks will turn to loan participation transactions in order to turn a profit. Often these transactions are made in a bit of a vacuum with the participating/purchasing bank(s) relying on the diligence and underwriting of the […]
All contractors and subcontractors in the State of Florida should know that a contractor and a subcontractor may each claim a lien for the same work on a particular project. However, the contractor and the subcontractor cannot both recover for the same work. The key is recovery. Florida law has […]
As was discussed in Part I of this blog series, all signs are subject to some form of regulation while also carrying First Amendment protection. This almost always leads to sign regulations that are confusing, inadequate, dated, and often, unconstitutional. Yet local governments across that state of Florida and the […]
It is common to see commercial leases that grant the landlord broad powers upon the tenant’s default. Some variation of the following can often be found in a lease: Upon default by Tenant, Landlord may immediately re‑enter the Premises and take possession thereof and all permanent improvements thereon and remove […]
When OSHA issues a citation to employers for a workplace safety violation, the citation lists a proposed penalty. Much like a speeding ticket, the employer is not required to pay the penalty immediately and can contest the citation on a number of grounds. The decision to pay the citation or […]