What Contractors, Property Owners, and Developers Need to Know Construction liens are powerful tools—but also legal minefields. If you’re a contractor, subcontractor, supplier, developer, or property owner in Florida, chances are you’ll deal with a construction lien dispute at some point. Whether you’re trying to enforce your right to payment or remove a lien that doesn’t belong, … Read more
If you’re a developer in Florida, disputes with contractors aren’t just inconvenient — they can delay projects, increase costs, and threaten your bottom line. From missed deadlines to payment conflicts or construction defects, it’s critical to manage contractor issues proactively and legally to keep your project moving. This guide outlines key legal tips for Florida developers to … Read more
Why Legal Demand Letters Are More Effective—and How We Can Help If you’ve been ignored, underpaid, or wronged by a person or business, you may be considering a demand letter. It’s a smart move—but here’s the truth: a demand letter from a Florida attorney carries far more weight than one you write yourself. Whether you’re trying to … Read more
Not every broken promise is fraud — and not every breach of contract is just a business mistake. In Florida, the line between a breach of contract and business fraud can determine whether you can recover punitive damages, rescind a deal, or hold someone personally liable. If your company has been misled, shortchanged, or outright lied to, it’s important … Read more
A Step-by-Step Legal and Practical Guide for Florida Property Owners Hiring a contractor should move your project forward—not leave you with substandard work, unfinished spaces, or thousands of dollars in damage. Unfortunately, many Florida property owners—both residential and commercial—find themselves asking the same question:“What do I do now that the contractor abandoned the job or … Read more
Landlords in Florida are often eager to regain control of their rental property when a tenant stops paying rent, disappears, or violates the lease. But Florida law imposes strict rules on when—and how—a residential landlord can retake possession of a property without filing an eviction lawsuit. In most cases, landlords must go through the formal eviction process to … Read more
In construction, the original scope of work rarely stays the same from start to finish. Owners request extras. Contractors adjust timelines. Subcontractors add tasks to stay on schedule. Before long, the project has ballooned beyond the original agreement — a phenomenon known as scope creep. If you’re a contractor, subcontractor, or supplier working on Florida construction … Read more
Protecting Your License, Your Business, and Your Liability In Florida’s construction industry, it’s not uncommon for licensed contractors to “qualify” a business—allowing that business to operate under their license. Often, these arrangements are made informally: a few conversations, a handshake, and maybe some text messages to confirm payment terms. But here’s the truth: qualifying a company … Read more
Most Florida business owners assume that once a contract is signed, it’s binding. But not all agreements are legally enforceable — and if certain elements are missing or flawed, a contract can be ruled invalid or void in court. Whether you’re trying to enforce an agreement or escape from one, it’s critical to understand what makes a contract … Read more
Essential Recordkeeping for Florida Landlords Pursuing Eviction In any Florida eviction case based on non-payment of rent, the rent ledger is your most important piece of evidence. Judges want to see exactly how much rent was owed, how much was paid, and how you applied each payment. A clear, consistent rent ledger can make the difference … Read more
If you’re pursuing an eviction and the tenant fails to respond or appear in court, Florida law allows you to seek a default judgment—but only after you confirm that the tenant is not an active-duty military member. This is a critical step in the eviction process, and many landlords are caught off guard by the requirement. Failing to properly confirm … Read more
In the fast-paced world of construction, not every deal is formalized in writing — especially on smaller jobs or when long-standing relationships are involved. But what happens when payment doesn’t come through? Can you still file a construction lien in Florida if your agreement was verbal? The short answer: Yes, you can — but only under certain … Read more
In business, not every deal works out. Whether a vendor fails to perform, a partner relationship turns sour, or economic conditions change, you may find yourself asking:Can I get out of this contract — without getting sued? The answer depends on the contract’s language, the circumstances, and how you handle the termination. In Florida, improper termination … Read more
Factor Commercial Evictions Residential Evictions Governing Law Lease contract + Florida Statutes, Chapter 83, Part I Florida Residential Landlord & Tenant Act (Chapter 83, Part II) Required Notice As stated in the lease, or reasonable notice Strict statutory notice periods (e.g., 3-day, 7-day, 15/60-day) Self-Help Eviction Sometimes allowed if specified in lease Strictly prohibited Tenant … Read more
As a landlord in Florida, knowing which eviction notice to serve—and when—is crucial for a smooth and legally compliant eviction process. Serving the wrong notice or failing to follow the proper procedures can lead to costly delays or even dismissal of your eviction case. This guide breaks down the different types of eviction notices in Florida, their … Read more
Evictions in Florida can be a quick process or a prolonged legal battle, depending on the tenant’s response, court availability, and whether the landlord follows proper procedures. Understanding the eviction timeline helps landlords plan accordingly and avoid unnecessary delays. This guide outlines each stage of the eviction process, estimated timeframes, and common factors that affect how long … Read more
Evictions can be a necessary but challenging part of property management in Florida. As a landlord, understanding the legal eviction process is crucial to protecting your investment while avoiding costly mistakes. This guide provides an overview of Florida’s eviction laws, the steps involved, and common pitfalls to avoid. Understanding Florida Eviction Laws Florida law strictly … Read more
In Florida, landlords must serve tenants with a 3-Day Notice to Pay Rent or Vacate before filing for eviction due to non-payment of rent. This legal document notifies the tenant that they have three business days (excluding weekends and legal holidays) to either pay the past-due rent or move out. If the tenant fails to comply, the landlord can … Read more
In the wake of global disruptions like the COVID-19 pandemic, businesses and legal professionals are closely examining the interplay between contractual force majeure clauses and common law defenses such as impossibility and frustration of purpose. Understanding how these legal concepts interact is crucial for managing contracts during unforeseen events. Understanding Force Majeure Clauses Force majeure … Read more
Passed in 2021, Fla. Stat. 163.211 eliminates local government’s ability to regulate and license specialty contractors (such as painters, flooring, landscapers, pavers and others whose work does not involve life safety implications.) Generally, the new licensing scheme eliminates the requriements for contractor’s to seek licensure from their local governments, and potentially eliminates the need for … Read more
Fla. Stat. § 83.60 requires that “If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. “ From this it is clear, that just a base allegation that the rent as alleged in the complaint is wrong, does not entitle Tenant to a … Read more
Despite Florida’s streamlined statutory framework for residential evictions, tenants maintain several tools to delay the eventual final judgment of eviction. A bankruptcy filing will delay an eviction process by the imposition of the automatic stay under 11 U.S. Code § 362. While inconvenient, the bankruptcy filing should only temporarily impede the eviction process. The Bankruptcy … Read more
If a (non-owner) interested party (Contractor, Subcontractor) transfers to cash a lien placed on the Owner’s property, is that party perpetually obligated to increase security upon motion and order obtained by the foreclosing plaintiff for the pendency of the case. The law is unsettled, but seems to answer this question in the negative. Florida Law … Read more
The Division of Professional and Business Responsibility (DBPR) is the Florida agency responsible for regulating many licensed professionals through its multiple divisions including contractors, real estate professionals, architects, engineers, and much more. A member of the public can submit a Uniform Complaint form, or the Department may initiate a investigation. If the Department believes that … Read more
The Coronavirus and its fallout will likely be with us for several months, and new business opportunities may be limited for a time. Now may be a good time to review your company’s aging accounts receivable list, and try to collect on past due amounts that you my have been too busy to focus on … Read more
If your rental property is owned in a corporate name, you may need an attorney to handle any contested eviction to evict a non-paying tenant. Even through Florida’s small claims rules permits representation of a corporate entity by an employee, if you are seeking possession of the rental property (eviction), that is not within the … Read more
FORT LAUDERDALE, FLORIDA – (April 10, 2019) Andrew Douglas, P.A., proudly announces that on March 1, 2019 its principal attorney Andrew Douglas was certified as a Florida Supreme Court Certified County Court Mediator.
FORT LAUDERDALE, FLORIDA – (December 28, 2018) Andrew Douglas, P.A., proudly announces that on December 5, 2018 its principal attorney Andrew Douglas was sworn in as a Traffic Hearing Officer for the Seventeenth Judicial Circuit in and for Broward County, Florida. In addition to his litigation practice, Attorney Douglas will adjudicate traffic infraction matters at … Read more
Fraud in the context of contractual relationship brings with it a tricky set of issues that even some Florida Courts fail to fully understand and appreciate. Florida Courts acknowledge the long-standing independent tort doctrine which provides which states in relevant part from Indemnity Ins. Co. of North America v. American Aviation, Inc., 891 So.2d 532, 536-537 … Read more
WESTON, FLORIDA – (July, 5, 2018) Andrew Douglas, P.A., is pleased to announce that it has successfully defended its client against a felony criminal charge of Unlicensed Contracting During a Declared State of Emergency (Engage in Contracting Violation During Existence of State of Emergency.) The State Attorney’s Office for the 15th Judicial Circuit, in and … Read more