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Changes: 2013 Lien & Foreclosure Laws

June 15, 2017

As the state with the largest inventory of backlogged foreclosures, Florida also has one of the longest foreclosure timelines in the country. In 2013, the State Legislature took steps to remedy the slow pace and mounting backlog by passing

What is a Notice of Commencement?

June 4, 2017

Chapter 713 of the Florida Statutes covers construction liens, or mechanic’s liens. This law has certain requirements specified that protect contractors, subcontractors, sub-subcontractors and suppliers with provisions for timely payment and for enforcing liens on property in the event of non-payment. There are also safeguards for property owners from having to pay more than once…

Validity of contract signed while drunk?

May 23, 2017

People routinely make bad decisions while under the influence of alcohol. In some instances, an intoxicated person may sign a contract while under the influence only to later regret entering into the agreement. Fortunately, Florida law often grants recourse to individuals who sign a contract while intoxicated. Elements of a Contract Generally, an agreement must…

When is a commercial lease binding?

March 8, 2017

Commercial and residential leases have major differences, one of which is Florida’s consumer protection laws. Privacy laws, security deposits and the same uniformity of other tenants’ leases are also not necessarily connected to a commercial lease. There are many reasons why comprehensive review by a Fort Lauderdale lease dispute attorney would be ideal before signing…

Expired contractor license penalties

March 7, 2017

If a contractor’s license lapses and no contracting work is being performed by the unlicensed contractor, there’s no problem. However, if a person chooses to act in the capacity of a contractor without being licensed to do so, the penalties may be severe. Those penalties are covered in Florida Statute 489.127. Acting as a contractor…

Oral contracts in Florida: Are they binding?

September 25, 2016

Updated: May 26th, 2017 With the exception of contracts that are required to be in writing pursuant to Florida law – as listed below – oral agreements are binding and legally enforceable. However, just because an oral contract is enforceable does not make entering into one advisable or favorable. They’re notoriously difficult to enforce, primarily because a…

Two contracts; Two mechanic’s liens

September 2, 2016

EXPLAINING THE PROCESS Clients sometimes ask us whether they need to do two (2) separate mechanic’s liens when they have two (2) small contracts on the same project in Fort Lauderdale or Hollywood. They call hoping that the answer will be that they can get away with one (1) lien. This is either because they did…

Arbitration & mediation vs. litigation

August 26, 2016

For most , the mere thought of a courtroom battle triggers stress and anxiety. The average person typically recognizes a need to seek help from a lawyer in preparing to appear in court. In addition to hiring legal counsel, the court procedure generally requires additional time outside a person’s normal schedule. The pressure of investing valuable…

Public property and lien rights

August 19, 2016

THEY OFTEN DON’T EXIST. BUT THERE’S AN EXCEPTION. If you’re working on public property in Florida, you usually have no lien rights. As a substitute to lien rights a payment bond may be available. However, sometimes there are still rights where one thought there might be none. If the work on the public property is a…

Mediation versus arbitration

August 9, 2016

Construction-related lawsuits frequently involve expensive legal fees and a lengthy process. In order to save time and cut costs, people often choose mediation and arbitration as alternative methods of dispute resolution. Before making the decision to opt out of an appearance in court, it is important to know the difference between the two alternatives. WHAT IS…