If you are a roofer, you are likely no stranger to the concept of providing materials and services over the course of several days; however, you are much less likely familiar with the custom of providing clients notice of a 3-day right of rescission.
Part I: Basic Overview of the Merger and Acquisition Process A primary goal for many start-ups and new businesses is to eventually sell the company, even if the founders intend to remain with the company. Selling your company can result in a gigantic payday and provide continued vitality for the […]
A “ pay when paid ” or “ pay if paid ” provision is often used in general contracts to shift the risk of payment by the owner to the subcontractors. They are sometimes referred to as contingent payment clauses and typically makes the subcontractor’s payment contingent upon the payment […]
Damage to condominium property and the inevitable ensuing argument over the party responsible for the cost of repair is a familiar scenario for many association members. Unit owners, board members and association managers are often unsure of which entity is responsible for the maintenance, repair and replacement of certain items […]
Featured in the May 2017 Issue Partner’s Perspective: Choosing to Think Positively J&C Attorney plays vital role in Technology and Professionalism Conference at TPC J&C Welcomes Our Summer Law Clerks New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
The fairly recent case of Agrelov v. Affinity Management Services, LLC, Case No. 15-14136, (11th Cir., November 9, 2016), is instructive for associations and their managers with respect to debt collections, and the trouble that associations and managers can get themselves into when trying to collect on outstanding assessments. In […]
Florida’s Fifth District Court of Appeals is shaking up the construction defect statute of repose once again.[1] A recent 5th DCA opinion implies that the 10-year construction defect statute of repose does not start to run at the closing of a purchase of a newly-constructed home if there remains punch-list work to complete after closing.
This author recently addressed the issue of deposing high level corporate officers, also known as apex employees. That blog post pointed out that, while the federal courts and some state courts have specifically adopted what is known as the “apex doctrine”, Florida’s courts have not specifically done so; our courts mostly follow the tenets of the doctrine, but it has not specifically been adopted, and some courts decline to follow that principle.
Featured in the April 2017 Issue Partner’s Perspective: Honesty is the Keystone of Business Suzanne Clark Speaks at UF E-Discovery Conference Kayla Haines Speaks at National Conference of Law Reviews Partner Brad Hughes Completes All American Air Table Tennis Classic New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm […]
On March 30, 2017, the Florida House of Representatives unanimously passed House Bill 377. The Bill is still working its way through the Senate, but has received a favorable response and is predicted to pass. If it becomes law, HB 377 will amend the construction defect statute of repose to clarify that the “date of completion of the contract” is the date that final payment becomes due.