Navigating Contractual Force Majeure and Common Law Defenses in Times of Crisis

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

Evictions: Residential Tenant Must Provide Supporting Documentation with Motion to Determine Rent

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

DPBR Complaint: You received a Uniform Complaint. What do you do now?

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

Auto Insurer Cannot Retain Premium Paid to Reinstate After Non-Payment Cancellation and Deny Coverage for Accident Occurring during Cancellation Period

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

Corporations Need Attorneys to Obtain Writ of Possessions in Foreclosures and Evictions

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

Fraud, Fraud in the Inducement, the Independent Tort Doctrine, and the Confusion in Florida Courts

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

Financially Responsible Officer Designation Not Available for Electrical Companies

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) 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 … Read more

Residential Evictions: 7-Day Notices for Terminating Lease by Landlord for Causes other than Non-Payment of Rent

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

Florida Lien Law: Using Lien Statute to Foreclose Worthless Collateral, Why and When?

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

Florida DBPR CILB – Finding the Forms to Qualify Business Entities and Additional Entities on DBPR Website

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) Go to the Website for DBPR Construction Industry http://www.myfloridalicense.com/DBPR/construction-industry/ 2. Click on the Apply for a License Tab   3. Click on your License type. Choose form to Qualify Business or Qualify Additional Business. Forms Include: For new licensees … Read more

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