Many Florida contractors and license holders have a general understanding of the requirements of Chapter 489, however there are some requirements that seem to be neglected. All too often, a contractor will “lose” or “destroy” project records prematurely. This can actually make it more difficult to defend against a claim […]
Despite the fact that the Florida Constitution mandates a right to public records, the process of obtaining public records can be, to say the least, frustrating. Citizens are often forced to wade through an array of statutes, rules, and court interpretations to exercise their constitutional right. As a result, the […]
The last place land owners who have hired contractors want to end up is in court. Fortunately, most construction projects do not result in litigation. However, for the ones that do, it can be a costly and stressful ordeal. What follows are ten points that all Florida land owners should […]
Featured in the March 2018 Issue Partner’s Perspective: A Dispatch Encouraging Political and Governmental Contribution An Evening with Adam Putnam Save the Date: Live Webinar on Handling Delinquent Customers New Blog Posts Curiosities, Ruminations and Various Eccentric of Firm Biz Click to read.
Part III of this series will discuss being disciplined by a local municipality and how this can affect a certified contractor’s license. It is common knowledge within the construction industry that local building departments require certified contractors to obtain an occupational license. The governing authority regarding this issue is § […]
The Florida Marketable Record Title to Property Act (“MRTA”) can operate to extinguish interests in real property that were recorded prior to the “root of title” to a property. In Florida, the root of title must be established by a “title transaction” recorded at least 30 years prior to the […]
Having been served with a notice of default, a tenant then has three days to cure a breach for failure to pay rent and fifteen days to cure a nonmonetary breach, unless the parties’ lease provides different timeframes. If the tenant subsequently fails to cure the breach, the landlord must then file suit for eviction.
If the Covenants and Restrictions for your Homeowners’ Association were recorded in the public records more than 30 years ago, they may no longer be enforceable against some or all of the properties within your community. Unenforceable covenants create a myriad of problems, including an inability to collect association assessments and an inability to enforce aesthetic covenants that enhance property values within the community.
Many times, mineral and subsurface rights are more valuable than the land or buildings that sit on top of them. Florida landowners facing eminent domain governmental condemnation must be compensated for the full extent of their ownership, including mineral and subsurface rights. The Power of Eminent Domain The Fourth and […]
Due to the adversarial nature of litigation, settling a case at mediation can often be a daunting task. Hence, the common expression of a “good settlement is one where both sides are unhappy.” Emotions run high on both sides. Sometimes, these emotions can continue to run long after the case […]