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Collecting Construction Debt

Collecting construction debt can be a challenging feat. Thankfully, there are tried and true processes as well as experts to guide the way. Organizing Your Paperwork Many debts are due to unresolved disputes.  Therefore, step one in collecting a debt is creating a solid defense of the case for making full payment as billed.  In [...]

2021-09-09T01:33:12+00:00Construction|

HOAs: 4 Questions to Ask When Hiring a Property Management Company

Many associations in the state of Florida manage their properties by hiring a property management company.  A property management company is a third-party entity that is contracted to handle the day-to-day operations of a real estate asset. Whether or not to hire a property management company depends on a number of factors that includes the [...]

Construction Bid Protests in Florida

In Florida, competitive bidding is statutorily mandated so as to ensure the best interests of the public. The Administrative Procedure Act (APA) of 1961, codified as Florida Statutes Ch. 120 is the state’s main mechanism to ensure visibility and accountability in the public procurement process.  The related statutes are designed to ensure fair pricing on [...]

2021-03-30T19:23:26+00:00Construction|

Five Documents Needed By Nonprofits in Florida

Starting and running a nonprofit in Florida can be document-intensive. From the beginning, documents are required that define the scope and mission of the organization as well as the rules by which the organization is run. Later, once regular operations are underway, other documents could be created that govern the non-profit’s relationship with its beneficiaries, [...]

2021-03-05T01:37:34+00:00Miscellaneous|

Construction Surety Bonds

Construction surety bonds are securities issued by an insurer that guarantee financially that a construction company will perform their duties or pay a penalty to the contracting entity.  The construction company, which could be a general contractor or subcontractor, is called the principal.  The contracting entity, often a government or large corporation, is called the [...]

2021-07-20T17:48:43+00:00Construction|

Remedies for Breach of Contract in Construction Law

In contract law, a breach takes place whenever one of the parties to a contract fails in fulfilling its obligation or obligations as described in the contract. A breach is said to have taken place whether this failure took place partially or wholly.  The breaching party might also have communicated an intent to fail the [...]

Contingent Payment Clauses in Florida Construction Law

Construction contracts typically have contingent payment clauses that state that a contractor will pay their subcontractors once the contractor has been paid by the property owner.  These construction contract clauses shift the risk associated with payment so that the risk is shared between the contractor and all of its subcontractors.   Based on a precedent set [...]

2020-12-21T00:02:03+00:00Construction|

Examinations Under Oath

A number of fraudulent and/or questionable construction claims are filed against major insurance companies each year. Each of these claims has to be investigated and, in many cases, litigated. Many large property and casualty insurers need an experienced local attorney here in South Florida to investigate claims that seem questionable. Insurance companies can conduct extensive [...]

2021-01-02T18:42:27+00:00Construction|

5 Great Florida Property Tax Appeals Numbers and Dates

Important Dates and Numbers for Property Tax Appeals August Throughout Florida, a Truth in Millage or TRIM Notice is mailed to property owners in August. Property tax appeals must reference the TRIM notice to be effective. 25 days Truth in Millage or TRIM Notice, comes with a 25-day property tax appeals window during which property [...]

2021-01-02T19:26:11+00:00Miscellaneous|

Preparing for the Unexpected With Buy-Sell Agreements

An important part of running any successful business is taking steps to plan for the future. While business partners may enter a business endeavor planning to stay for the long haul, life may bring about unexpected events that result in the departure of one or more business partners. Preparing a well-crafted buy-sell agreement can protect [...]