Practical Legal Steps to Recover What You’re Owed Late or unpaid invoices are more than just a nuisance—they’re a threat to your cash flow, your ability to operate, and your bottom line. Whether you’re in construction, professional services, distribution, or another industry, Florida businesses have legal tools to collect unpaid balances—but you have to use them … Read more
Recording a construction lien in Florida is a powerful tool—but it’s only the first step. Many contractors, subcontractors, and suppliers mistakenly believe that simply recording a lien will result in payment. In reality, a lien is a legal claim against the property, but you must still take enforcement steps to actually get paid. At Florida Lien Machine, … Read more
Essential Clauses Every Florida Business Should Use to Get Paid Whether you’re in construction, distribution, manufacturing, or professional services, getting paid on time is critical to your business. But too often, Florida businesses extend credit or perform work without the right contract terms in place—and are left chasing unpaid invoices with little legal leverage. As a Florida … Read more
Disputes between general contractors and subcontractors are among the most common legal issues in Florida’s construction industry. From payment delays to scope disagreements, even the most experienced professionals can find themselves in conflict when expectations aren’t clearly set from the beginning. At Douglas Firm, a trusted Florida construction attorney, we represent both contractors and subcontractors in … Read more
Tenant maintenance and repair requests are an inevitable part of managing rental properties in Florida.However, how a landlord responds to these requests — especially when they involve serious repairs — can determine whether the situation resolves smoothly or escalates into habitability claims, withheld rent, or lawsuits. At Douglas Firm, we help Florida landlords manage these situations proactively and legally.Here’s … Read more
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
It is well recognized that a corporation, unlike a natural person, cannot represent itself and cannot appear in a court of law without an attorney. Nicholson Supply Co. v. First Federal Savings & Loan Association of Hardee County, 184 So.2d 438 (Fla. 2d DCA 1966). Courts have reflexively applied this common law rule prohibiting the … Read more
Make a Serious Demand, Seriously, with an Attorney Demand Letter. Attorney Demand Letters, Florida Attorney Demand Letters Litigation usually begins, and can easily end, with a well drafted demand letter from a Florida Attorney. An attorney demand letter is a pre-litigation tool when an attorney reviews your case and demands the appropriate the relief by … Read more
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
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
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
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
Contingency Construction Cases Most attorneys only take construction 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 Construction Cases Contingency Construction Cases – a contingency fee structure is available for certain construction case. We look at … Read more
Small Business Attorney: A Small Business Attorney For All Aspects of Your Small Business and Personal Life In this economy every dollar counts, you need to see a Small Business Attorney for your business and your personal matters. Small Business Attorney is for more than your just business it is your one stop attorney for … Read more
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
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 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
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
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
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
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
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
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