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
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
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
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
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
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
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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
Update June 22, 2013: Weston Cable provider still behind the times and can’t keep up with emerging technologies. Advanced Cable subscribers still provided limited OnDemand services, and no access to premium online tie-ins such as HBO Go, WatchESPN, Showtime Anytime, etc. I am creating this post to start a discussion regarding the woefully outdated and limited programming, … Read more
Introducing the Florida Lien Machine a Construction Lien Notice | Construction Lien service provided by Andrew Douglas, P.A.
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
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
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
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
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
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
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
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
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
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
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 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
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
A bid protest is a tool available to bidders on public projects who feel that they have been aggrieved by the bid process. However, to properly bring a bid protest you need to have standing. Generally, only the second lowest bidder has standing to challenge the award to the lowest bidder. There are some exceptions … Read more
Andrew Douglas, P.A. is a Broward County based Florida commercial and construction law firm. This discussion blog will address topics of interest in fields of construction law, commercial litigation, and criminal defense. Please feel free to leave a comment with any idea for discussion. Thank you, Andrew Douglas