Even if an insurer maintains right to deny coverage or to rescind a policy or its reinstatement, it cannot have its cake and eat it too. When an insured reinstates a policy after cancellation for non-payment, the insurer cannot deny coverage and retain premium paid for the time period covering the loss event. Florida law … Read more
Oftentimes, Qualifiers ask the firm when preparing their Qualifier Agreements, “How much should I get paid?” While, there is no clear answer to this question, there are some things to consider . First and foremost, a qualifier should ask himself/herself how many hours do I expect to work each week to dutifully perform my work … Read more
Executing a lien on behalf of the contracting entity does not create individual liability. See BRUCE TANSEY CUSTOM CARPENTRY, INC. v GOODMAN , 33 So.3d 70, (Fla. 2nd DCA 2010), “Even if the complaint had alleged that Tansey was individually liable, the evidence did not support individual liability where Custom Carpentry was the lienor and Tansey signed … Read more
Florida Statute 489.119 permits Construction Companies to designate a Financially Responsible Officer (FRO). This allows a construction company to bifurcate the construction responsibilities from the financial responsibilities of the company. This is used, generally, when a construction company utilizes a non-owner construction licensee (general contractor) to qualify the construction business. Allowing the non owner to … Read more
Terminating a lease for cause/lease breaches other than non-payment of rent is a little more involved than simple non-payment of rent, and this process starts with what is commonly known as the 7-Day Notice. It is called a 7-Day notice since such notice terminates the lease for NON-CURABLE VIOLATIONS within 7 days (not included legal … Read more
Recently, the Florida Construction Attorney Articles discussed how tenant improvements can subject a landlord to lien liability (see Article on Florida Lien Law: Liens and Leases), but what can be done when a Fee Simple Owner properly avoids liability through compliance with Fla. Stat. 713.10(2)(a) which states, “[w]hen the lease expressly provides that the interest of the … Read more
Can a broker be liable for the actions of an associate? There are many large real estate brokerages that employ many sales associates, and if an associate does mishandle escrow funds or commits other law or rules violations the broker may be liable and subject to a disciplinary action by the DPBR. Section 475.25, Florida Statutes … Read more
Florida law requires contractors to include 2 mandatory provisions in their contracts when the contract is for improvement to residential property, the Florida Lien Law disclosure and the Florida Homeowner’s Construction Recovery Fund. FLORIDA LIEN LAW MANDATORY PROVISION FOR DIRECT CONTRACTS Source: Fla. Stat. 713.015 Mandatory provisions for direct contracts.— Applies to: Any direct contract greater than $2,500 … Read more
The circuit courts of Florida have subject matter jurisdiction over actions at law in which the matter in controversy exceeds $ 15,000, exclusive of interest, costs, and attorney’s fees. See Art. V, § 20(c)(3), Fla. Const.; §§ 26.012(2)(a), 34.01(1)(c)4., Fla. Stat. (2003). In determining whether the trial court’s jurisdiction was properly invoked, the controlling standard … Read more
Occasionally, a client seeks help after a default has been entered against it, and there may be no reasonable basis to vacate the default within the excusable neglect framework. In some cases not all hope is gone, there maybe another tool in the attorney’s toolbox. If the Complaint that serves as the predicate for the default judgment was not well-pled (does … Read more