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Civil

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’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

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

Transfer your Residence to a Life Estate Under Florida Law- Keep Homestead and Your “Save Our Homes” Valuation

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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

Florida’s Civil Theft Statute – A powerful addition to a claim for theft/conversion.

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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

Federal Civil RICO Violations- Open and Closed Ended Continuity

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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

Bid Protests – Public Procurement

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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

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