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Florida Bar/Florida Association of Realtors Form Contracts “As-Is” v. Inspection (Standard) Form Contracts

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Florida Bar/Florida Association of Realtors Form Contracts “As-Is” v. Inspection (Standard) Form Contracts. What is the difference? What should you use? Commonalities Both forms give Buyer rights to inspect The different forms provide potentially equal (but different) benefits to Buyers and Sellers. Florida Law Still Requires that Seller disclose any known defects that materially effect … Read more

Criminal Defense: Confrontation Clause of Sixth Amendment Under Florida Law

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The Sixth Amendment right of confrontation provides that “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” U.S. Const. amend. VI. The United States Supreme Court has held that a hearsay statement offered against the defendant violates this constitutional right if (1) the … Read more

Oral Modifications to Construction Contracts, Florida Construction Law

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Oral Modifications to Construction Contracts, Florida Construction Law Many written contracts between contractors and owners contain provisions to the effect of “all modifications to this contract must be made in writing.” And when litigation invariably arises from  non-payment for modifications that are performed without  being reduced to a written change order, or other writing, a … Read more

Residential Evictions

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Andrew Douglas, P.A. now offers residential eviction services from all statutory notices through to obtaining possession and monetary damages. We offer a flat fixed rate for tenant evictions (to obtain a writ of possession), and a reasonable fixed hourly rate to recover unpaid rents and other money damages. Call now to discuss your eviction case.

Significant Issues Test Applicable to Determine Attorney Fee Entitlement in Lien Foreclosure Actions

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Significant Issues Test Applicable to Determine Attorney’s Fees Entitlement Under 713.29, Florida Statute for Lien Foreclosure Actions FRANK J. TRYTEK, et al., Petitioners, vs. GALE INDUSTRIES, INC., etc., Respondent. No. SC07-1641 SUPREME COURT OF FLORIDA 3 So. 3d 1194; 2009 Fla. LEXIS 257; 34 Fla. L. Weekly S 247 ” Trial courts are required to … Read more

Calculating Damages for a Partially Completed Construction Project

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As a construction attorney the issue of how to calculate damages comes up often. Generally, a contractor has their own idea on how to calculate its damages, but generally they are not correct. In the case where a contract is substantially completed  , the contract price between the parties will likely govern the value of work … Read more

Clerk’s Satisfaction of Judgment

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Want to satisfy a judgment but cannot find or get cooperation of the judgment-creditor? There are options. Fla. Stat. 55.141 provides a method to obtain a satisfaction of judgment by just dealing with the clerk. Judgment debtors may want to use this statute if: The cannot find the judgment holder, Judgment holder not-cooperating – will … Read more

Arrested for Unlicensed Contracting, We can help.

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Arrested for Unlicensed Contracting Unlicensed Contracting Broward County and Dade County have been setting up stings and actively pursuing unlicensed contractors. If you have been arrested for the crime of unlicensed contracting, we can help. Andrew Douglas is a construction litigation attorney and former prosecutor, and can help you to achieve the best possible result … Read more

Florida Non-Compete Agreements, Non-Solicitation, Non-Disclosure, and Non-Disparagement Agreements

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Florida Non-Compete Agreements, Non-Solicitation, Non-Disclosure, and Non-Disparagement Agreements Non-Compete Agreements are disfavored by the Courts, as against public policy, but are enforced by Courts when they comply with Florida Statute 542.335. Fla. Stat. 542.18 – General Rule Making Restraints Unlawful- Restraint of trade or commerce.—Every contract, combination, or conspiracy in restraint of trade or commerce in … Read more

Contingency Cases: Commercial Litigation, Florida Attorney

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Contingency Cases Most attorneys only take commercial litigation cases on an hourly rate basis. We take contingency construction cases. Call us for a case evaluation to see if your case qualifies for contingency fee representation. Contingency Cases Contingency Cases  – a contingency fee structure is available for certain construction case.  We look at different factors in determining … Read more

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