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Andrew Douglas, P.A. Construction Attorney Representing Air Conditioning Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Air Conditioning Contractor. An Air Conditioning Contractor is defined under Florida Law as: “Class A air-conditioning contractor” means a contractor whose services are unlimited in the … Read more

Andrew Douglas, P.A. Construction Attorney Representing Commercial Pool/Spa Contractors

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Andrew Douglas, P.A. Construction Attorney Representing Commercial Pool/Spa Contractors Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Commercial Pool/Spa Contractor. A Commercial Pool/Spa Contractor is defined under Florida Law as: “Commercial pool/spa contractor” means … Read more

Andrew Douglas, P.A. Construction Attorney Representing Plumbing Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Plumbing Contractor. A Plumbing Contractor is defined under Florida Law as: “Plumbing contractor” means a contractor whose contracting business consists of the execution of contracts requiring … Read more

Andrew Douglas, P.A. Construction Attorney Representing Solar Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Solar Contractor. A Solar Contractor is defined under Florida Law as: “Solar contractor” means a contractor whose services consist of the installation, alteration, repair, maintenance, relocation, … Read more

Andrew Douglas, P.A. Construction Attorney Representing Pollutant Storage Systems Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Pollutant Storage Systems Contractor. A Pollutant Storage Systems Contractor is defined under Florida Law as: “Pollutant storage systems contractor” means a contractor whose services are limited … Read more

Andrew Douglas, P.A. Construction Attorney Representing Glass and Glazing Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Glass and Glazing Contractor. A Glass and Glazing Contractor is defined under Florida Law as: “Glass and glazing contractor” means a contractor whose services are unlimited … Read more

Andrew Douglas, P.A. Construction Attorney Representing Architects

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Architects. An Architects is defined under Florida Law as: “Architect” or “registered architect” means a natural person who is licensed under this part to engage in … Read more

Andrew Douglas, P.A. Construction Attorney Representing Roofing Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Roofing Contractor. A Roofing Contractor is defined under Florida Law as: “Roofing contractor” means a contractor whose services are unlimited in the roofing trade and who … Read more

Andrew Douglas, P.A. Construction Attorney Representing Sheet Metal Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Sheet Metal Contractor. A Sheet Metal Contractor is defined under Florida Law as: “Sheet metal contractor” means a contractor whose services are unlimited in the sheet … Read more

Andrew Douglas, P.A. Construction Attorney Representing Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Contractor. A Contractor is defined under Florida Law as: “Contractor” means the person who is qualified for, and is only responsible for, the project contracted for … 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