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Construction Litigation: Getting Paid for Your Work

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Construction Litigation: Collecting Amounts Due for Work on a Construction Project When Written Demands for Payment Fail, you may need to see a Construction Litigation Attorney Construction litigation is court proceedings that arise out of a construction project.  A construction litigation case can by or between any of the players in the construction process including … Read more

Separating Motive from Intent and Proving a Civil Theft Claim

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A Discussion on Florida Civil Theft: Does Motive Matter, or Does Intent Only Matter? Motive is legally defined as motive n. in criminal investigation the probable reason a person committed a crime, such as jealousy, greed, revenge or part of a theft. While evidence of a motive may be admissible at trial, proof of motive … Read more

Preparing Your Construction Claim

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While trolling the internet I came across an article that gives advice on how to prepare a construction claim, and preserve evidence and documentation. Here are a few tips. Keep written records.  Although conditionsat Projects may constantly change, make sure you have a process in place to reduce to writing all pertinent facts that affect … Read more

Does Corporation Need Attorney to Bring or Defend a Lawsuit?

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Does a Florida Corporation Need to be Represented by an Attorney In Court? Yes, but with one exception. A corporation may not represent itself through non-lawyer employees, officers, or shareholders. Nicholson Supply Co. v. First Federal Savings & Loan Ass’n of Hardee County, 184 So.2d 438 (Fla. 2d DCA 1966); See also Szteinbaum v. Kaes … Read more

Clerk’s Default, Court Default, Final Default Judgment – Vacating Defaults in Florida State and Federal Courts.

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Default Basics.  A default occurs in litigation when a party fails either to respond to a lawsuit, and less often can be entered against a party who fails to comply with a court order. In Florida, a party in most cases has 20 days to answer a lawsuit. If that party fails to file any … Read more

Four Bases for Attorney’s Fees Entitlement in Florida

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In Florida there are generally 4 bases to obtain attorney’s fees as damages in a lawsuit. The general rule also known as the “American Rule” is that each party bears its attorneys fees in litigation, it is the default rule in Florida. However, here are the exceptions to that rule. 1. Statutory Basis for Attorney … Read more

DUI Law Summary

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DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S. Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the … Read more

Florida’s Homestead Exemption and its Benefits. Everything a Floridian Needs to Know.

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This is a quick guide as to the meaning and benefits of the Florida Homestead Exemption. While many states have some sort of Homestead benefits, Florida’s Homestead laws provide the Country’s most generous set of benefits to its homeowners. The term Homestead exemption in Florida may refer to four different types of homestead exemptions/benefits  under Florida law: … Read more

Florida Lottery – Statutory Permission to Advertise Falsely.

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Ever wonder how the lottery can advertise a jackpot of $100 million, and that means that the winner receives a lumpsum payment of only approximately $40 million, or receive 3.33 million each year for 30 years. The fact is that the Florida Legislature explicitly permits the lottery to advertise the jackpot as the sum of … Read more

Florida Power of Attorney

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Clients are always asking me questions about power of attorney documents. Therefore, I created this post with valuable information form Florida Statute and the Florida Bar. I am starting off with a copy of my General Power of Attorney Form which covers everything (a kitchen sink Power of Attorney). This General Power of Attorney is … Read more

Florida Deceptive and Unfair Trade Practices ACT (FDUTPA), Fla. Stat. Ch. 501, – Punitve or Consequential Damages Not Recoverable

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What type of damanges are recoverable under FDUTPA? Answer: Actual Damages, Florida Statute states specifcally which remedies are available under a FDUTPA claim stating, 501.211 Other individual remedies.— … (2) In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, … Read more

Florida Real Estate: Seller and Real Estate Agent Fraud and Misrepresentations

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Are you a victim of a real estate transaction gone wrong? Did an agent, broker, or seller make misrepresentations about the property which are now causing you problems?  Not disclose issues affecting the value of your property? Unauthorized work and work performed without permits to the property Undisclosed liens and other title defects Undisclosed defects in construction … Read more

MythBusting: Lawsuit to Foreclose a Florida Claim of Lien- One year, No extensions!

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There is a common misconception(myth) among contractors that the deadline to file a lawsuit on a claim of lien can be extended beyond the one year statutory period  simply by refiling the same claim of lien before the expiration of the first. This is inaccurate. Simply put, you have 1 year from the recording of … Read more

Florida Lien Machine

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Introducing the Florida Lien Machine a  Construction Lien Notice | Construction Lien service provided by Andrew Douglas, P.A.      

Florida’s Statute of Frauds- Performance of Non-Written/Oral Contracts

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Non-Compete Agreement

One of the first things an attorney thinks about when defending claims based on oral contracts is whether such claims are barred by the Statute of Frauds. The State of Frauds is a common law defense which has been incorporated into statute in Florida. Traditionally, the Statute of Frauds requires a signed writing in the … Read more

Pay-when-Paid Provisions in Construction Contracting

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In construction contracting subcontractors need to be aware of “pay-when-paid”(pay-if-paid) clauses in their contracts with general contractors. The purpose of these provisions is to make payment by the general contractor (GC) to the subcontractor (sub) conditioned upon the GC receiving payment from the owner. Simply put, the GC wants to pay its sub for completed … Read more

Personal Injury Attorneys Beware

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Here is the scam that one clever Miami homeless man devised. A man named “Daniel Michael Taylor” (I actually think this is his real name.) contacts a personal injury attorney claiming he was referred to that attorney by a friend of his. He has a near perfect case and therefore proves that things too good … Read more

Florida Joint Accounts – Equal Access with Equal Ownership

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Joint accounts are common but most people do not understand the rights of each named account owner. While the titling of joint accounts will determine who may access such accounts from the bank’s perspective (with the use of an “and” or “or” designation, requiring both or just one owner to access, respectively), ownership is not … Read more

Cited by OSHA for a workplace safety violation?

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  OSHA, the Occupational Safety and Health Administration, is an agency of the Department of Labor. Its mission is to prevent work-related injuries, illnesses, and occupational fatality by issuing and enforcing standards for workplace safety and health. For simplicity’s sake, OSHA has officers which perform workplace inspections and issue citations for  non-compliance with  promulgated standards found in … Read more

DUI- Should you take a breathalyzer test ?

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A common question I encounter at social gatherings is whether one should submit to a breath test or refuse? Or, more generally, what do I do if I get pulled over and I have been drinking? Unfortunately, there is no simple answer to this question. Now I am not writing this article to delve into … Read more

Transfer your Residence to a Life Estate Under Florida Law- Keep Homestead and Your “Save Our Homes” Valuation

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I want to transfer my residence to my child/children keeping a life estate for myself so that my property avoids probate, will I lose my homestead exemption or my “Save Our Home” valuation? NO , to both. Here is why: A transfer from full ownership (fee simple) to a life estate where the grantor keeps … Read more

Renting? Is your landlord in foreclosure?

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In this real estate market everyone is looking for a steal. However, some offers are too good to be true. In the past only potential renters required background checks needed to close a rental agreement. Now times are different, and landlords need to be investigated too. Here are some helpful tips if you are planning … Read more

The Miller Act: Recovering from the Bond on Federal Construction Projects

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Overview The Miller Act requires that prime contractors for the construction, alteration, or repair of Federal buildings furnish a payment bond for contracts in excess of $100,000. Other payment protections may be provided for contracts between $30,000 and $100,000. The payment bond is required as security for the protection of those supplying labor and/or materials … Read more

Florida Construction Law: Serve a Notice to Owner to Preserve Lien Rights

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The filing of a Notice to Owner is just one of many steps in perfecting a claim of lien under Florida law. The Notice to Owner is filed by a subcontractor or materialman who does not have a contract with the Owner. This notices simply lets the Owner know “hey, I am working on your … Read more

Local Preference in Florida Public Procurement

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Generally, public works construction projects must be procured by  competitive bidding. Fla. Stat. 255.20(1).  However, the requirement for competitive bidding in Fla. Stat. 255.20 does not prohibit application of any small-business or disadvantaged-business enterprise program or any local-preference ordinance.Fla Stat. 255.20(i). Local Preference ordinances are used by governmental entities to help local businesses obtain public work, … Read more

Florida’s Civil Theft Statute – A powerful addition to a claim for theft/conversion.

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Florida’s Civil Theft Statute is a powerful tool to recover  damages for theft and theft related civil actions which enables the Plaintiffs to seek attorney’s fees and treble (triple) damages.  However, there are some nuances in Florida Law which should be reviewed before filing an action for Civil Theft. First, the economic loss doctrine is generally a … Read more

Federal Civil RICO Violations- Open and Closed Ended Continuity

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The Federal Civil RICO statute is a very powerful tool that can provide a litigant Federal Question Jurisdiction and the ability to recover treble damages and attorneys’ fees when otherwise unavailable. However, a major hurdle to successfully pleading and prosecuting a civil RICO claim is making sure that the facts support a showing of the … Read more