Blogs & Resources

This article is Part III of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered. Part II was meant to inform the Board about the process of retaining an expert witness and serving a Notice of Claim. This article will discuss how to determine if the Board is obligated to arbitrate its claims, whether to bring direct claims against the subcontractors and will discuss common insurance coverage issues.

This article is Part II of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered. This article will discuss the retention of the lead expert witness and providing the statutorily required notice of defect claim. Part I stressed that an attorney should be retained shortly after latent construction defects are discovered and that only emergency repairs should be made without first consulting an experienced attorney.

Settlement in big ticket litigation is extremely common.  Nationally, about 95% of civil cases settle before going to trial.  There are a number of benefits of settling a case, including eliminating the uncertainty of a result presented by trial on the merits, the expense of litigation, and preservation of resources […]

Unlicensed contracting is a huge problem in Florida, and the Florida Legislature and Courts have fashioned a host of penalties.  See Penalties for Unlicensed Contracting in Florida.  However, according to a recent opinion from Florida’s Fifth District Court of Appeals, the loss of a “statute of limitations defense” is not […]

If your facility or jobsite is inspected by Occupational Safety and Health Administration (“OSHA”), and the inspector indicates there are workplace safety violations, you need to understand your OSHA employer rights and act quickly.  Failing to timely address the OSHA citation can leave your company in the position of owing […]

Parties must consider numerous issues when entering into commercial lease agreements. Such considerations encompass everything from the express and implied duties of each respective party to the remedies afforded to each party in the event of a breach. This blog post is Part I in a series of posts providing an overview of important considerations for commercial lease agreements. Part I discusses mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved.

The Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry. As a result, the Florida Legislature enacted Chapter 489, Florida Statutes. From that statutory authority, the Construction Industry Licensing Board was created and along with the Department of Business and Professional Regulation, promulgated 61G4 of the Florida Administrative Code to further set forth rules and standards that govern the construction industry in Florida.

Many entrepreneurs create business entities to operate their businesses, to facilitate commercial ventures, and to shield themselves from personal liability.  The business maintains a separate and distinct identity from that of its owners or related entities.  However, the mere shell of a corporate structure is not always enough to avoid […]

This blog post is part II in a series of blogs posts discussing the recovery of attorneys’ fees.  Part I explored some considerations in the recovery of attorneys’ fees when the recovery is by virtue of a contractual provision.  This second post in the series discusses those scenarios where a […]

Featured in the February 2016 Issue Partner’s Perspective: Doing Your Part J&C Partner Speaks at CFMA Event J&C Serves as Location Sponsor for Upcoming ABA Seminar New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.