Construction Company: Financially Responsible Officers (FRO) Fla. Stat. 489

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) What is a Financially Responsible Officer (FRO)? Generally, when a licensed contractor qualifies a construction business entity that qualifier is responsible for both the construction activities of that business and the financial aspects of the business. However, the use … 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

Temporary Injunctions Based on Trade Secret Violations

Trade Secret Florida Law

According to F.S. §688.002(4), the phrase “trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process that: a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure … Read more

SLIP & FALL in Florida: How to prove a Slip & Fall Negligence case in Florida?

Workers Compensation

All premises owners owe a duty to their invitees to exercise reasonable care to maintain their premises in a safe condition. See, e.g., Everett v. Restaurant & Catering Corp., 738 So.2d 1015, 1016 (Fla. 2d DCA 1999). Despite this general proposition, when a person slips and falls on a transitory foreign substance, the rule has … Read more

Florida Construction Lien Law: Method of Serving Notices 713.18, Florida Statutes

Serving Construction Notices Florida

713.18 Manner of serving notices and other instruments.— (1) Service of notices, claims of lien, affidavits, assignments, and other instruments permitted or required under this part, or copies thereof when so permitted or required, unless otherwise specifically provided in this part, must be made by one of the following methods: (a) By actual delivery to the person to … Read more

Criminal Defense: Confrontation Clause of Sixth Amendment Under Florida Law

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

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

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

Arrested for Unlicensed Contracting, We can help.

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

Separating Motive from Intent and Proving a Civil Theft Claim

A Discussion on Florida Civil Theft: Does Motive Matter, or Does Intent Only Matter? Motive is legally defined as motive n. in criminal investigation the probable reason a person committed a crime, such as jealousy, greed, revenge or part of a theft. While evidence of a motive may be admissible at trial, proof of motive … Read more

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