Are you a victim of a real estate transaction gone wrong? Did an agent, broker, or seller make misrepresentations about the property which are now causing you problems? Not disclose issues affecting the value of your property? Unauthorized work and work performed without permits to the property Undisclosed liens and other title defects Undisclosed defects in construction … Read more
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
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
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
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
Generally, public works construction projects must be procured by competitive bidding. Fla. Stat. 255.20(1). However, the requirement for competitive bidding in Fla. Stat. 255.20 does not prohibit application of any small-business or disadvantaged-business enterprise program or any local-preference ordinance.Fla Stat. 255.20(i). Local Preference ordinances are used by governmental entities to help local businesses obtain public work, … 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