(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) What is a Financially Responsible Officer (FRO)? Generally, when a licensed contractor qualifies a construction business entity that qualifier is responsible for both the construction activities of that business and the financial aspects of the business. However, the use … Read more
2 Cases, Interpreting Virtually the Same Language, 4 Months Apart, 2 Different Results (and with 1 Concurring Judge in Common) Under Florida Law, there are two statutes (at least) that require document service on opposing parties without filing with the Clerk, a Safe-Harbour letter pursuant to Fla. Stat. 57.105(4), and a Proposal for Settlement pursuant … 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
It is not always clear whether certain scopes of work require a licensed professional to perform, or if they can be performed by a handyman. The DBPR’s Construction Contracting website offers examples of services that require a person with a Florida license to perform. The list is not all inclusive. Needs a License Does not … Read more
As a part of the sale of any HOA controlled home, or a condominium unit, title insurers and closing agents require estoppel certificates indicating the amount owed, if any, to the HOA/Condo Association so that the appropriate prorations are made, and so that HOA/Association liens are cleared upon closing by the closing agent. Until now … 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
Pursuant to 542.335(1)(f), Fla. Stat., there is a requirement for specific language in the non-compete agreement that authorizes enforcement of that agreement by an assignee or successor , stating, 542.335(1)… (f) The court shall not refuse enforcement of a restrictive covenant on the ground that the person seeking enforcement is a third-party beneficiary of such contract or is an … Read more
In Florida, a party to a contract may seek to invoke the equitable jurisdiction of the Court to enforce a contract that does not accurately reflect the agreement made by the parties. If the Contract does not accurately reflect the agreement between the parties, a party can ask the Court to reform the contract to accurately reflect the true intentions … Read more
Florida Lien Law, Fla. Stat. ch. 713 with Fla. Stat 718.121(2), provides that a construction lien based on labor performed on or materials furnished to common elements, when such contract work was authorized by the association, constitutes a lien against all condominium parcels. However, there are some particularities when enforcing such liens. Contrary to popular … Read more
A claim of lien may cover the reasonable value of the work performed and in place inclusive of profit and overhead, if such overhead and profit is a component of the reasonable value of the work. Under Florida Law, a lineor is entitled to a lien for money owed for labor, services, and materials provided to … Read more