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Understanding Florida’s Chapter 558 Notice Requirements

558 Notice Requirements

When You Must Comply—and When You Don’t If you’re involved in a construction defect dispute in Florida—whether you’re a property owner, contractor, subcontractor, or design professional—Florida Statutes Chapter 558 may apply. This law requires certain parties to send a pre-suit notice of construction defects and give the contractor or responsible party an opportunity to inspect and repair before … Read more

What to Do If Your Contractor Abandons the Job or Performs Defective Work

Steps when Contractor abandons project

A Step-by-Step Legal and Practical Guide for Florida Property Owners Hiring a contractor should move your project forward—not leave you with substandard work, unfinished spaces, or thousands of dollars in damage. Unfortunately, many Florida property owners—both residential and commercial—find themselves asking the same question:“What do I do now that the contractor abandoned the job or … Read more

How to Legally Terminate a Business Contract in Florida

Terminate Contract

In business, not every deal works out. Whether a vendor fails to perform, a partner relationship turns sour, or economic conditions change, you may find yourself asking:Can I get out of this contract — without getting sued? The answer depends on the contract’s language, the circumstances, and how you handle the termination. In Florida, improper termination … 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

Pleading Subject Matter Jurisdiction – Consistency with Exhibits

subject matter jurisdiction florida

The circuit courts of Florida have subject matter jurisdiction over actions at law in which the matter in controversy exceeds $ 15,000, exclusive of interest, costs, and attorney’s fees. See Art. V, § 20(c)(3), Fla. Const.; §§ 26.012(2)(a), 34.01(1)(c)4., Fla. Stat. (2003). In determining whether the trial court’s jurisdiction was properly invoked, the controlling standard … Read more

Failing to Perform Contract Promise is Not Fraudulent Inducement

Florida Law is well settled that a contractual promise not performed is not tantamount to fraud. As a general rule, fraud cannot be predicated upon a mere promise not performed.  Alexander/Davis Properties, Inc. v. Graham, 397 So.2d 699, 706 (Fla. 4th DCA 1981), petition for review denied, 408 So.2d 1093 (Fla. 1981).  Moreover, to cross … Read more

Proving Damages for Substantially Completed Construction Projects

subcontractor unjust enrichment

Where a building contractor has substantially performed a contract between the parties, the contractor is entitled to be paid the full contract price diminished only by damages which the owner has suffered as the result of such breaches of the contract as may be established by competent evidence. See Fleming v. URDL’s Waterfall Creation, Inc., … Read more

Residential Evictions

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.

Calculating Damages for a Partially Completed Construction Project

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

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

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