Author Archives: Jay Butchko
Can My Business Operate as an LLC in Florida?
If you are starting up a new business this year, one important consideration is how that business will operate, or, in other words, your choice of business form. For many new businesses these days, the LLC is a popular choice. In fact, according to the Department of State, Division of Corporations, there were well… Read More »
Florida Lien Law – What Does Your Contract Say About Who Pays Subcontractors?
Florida’s lien law is made up of several parts, each of which governs liens in different types of businesses or industries. The first part of the lien law – which covers construction liens – covers construction liens, an important subject for anyone involved in a construction project, whether a contractor, subcontractor, or property owner…. Read More »
Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the March Edition of the Broward County Bar Barrister – TRIAL TECHNOLOGY STEPS
Use of Courtroom Technology in The 17th Judicial Circuit Attorneys we regularly have to use technology in the courtroom, which ranges from evidentiary hearings with the use of a video clip, to a full-blown trial with several videos, power point presentations, online presentations, and the like. The last thing you want to do is… Read More »
Legal Remedies for Slow Moving Contractors
Home improvement projects involve time and effort – from the planning stages to finding a contractor to finally seeing the plan take shape. Sometimes, the time it takes in between finding a contractor and seeing the plan take shape seems excessive. Complaints about undue delay are not uncommon. Homeowners (or other contracting parties) often… Read More »
Statute of Limitations – Actions Based on the Design, Planning or Construction of Improvements to Real Property
For various types of lawsuits, except for actions seeking to recover real property, Florida provides limitations periods, often referred to as statutes of limitations, in Fla. Stat. 95.11. Basically, these laws limit the time that a plaintiff has to file a lawsuit based on a particular type of claim. Under Fla. Stat. 95.11(3)(c), for… Read More »
USING A PRIVATE INVESTIGATOR IN FLORIDA LITIGATION PROCEEDINGS
The use of private investigators (“PI”) in Florida litigation is more common than many people recognize. My general rule is that if the stakes are high enough then the likelihood of parties utilizing PI’s is there. A couple of years ago, Sweeney Law, P.A. was representing a surgeon that was forced into retirement due… Read More »
The Law Governing Latent Construction Defects
Defects in construction are usually seen and discoverable by the owner who has received the deliverable. These defects are clear to the naked eye or they are discoverable after some technical investigation. As such, the statute of limitations begins to run when the defect is discovered for the purposes of making a claim. However,… Read More »
POST-OCCUPANCY AGREEMENTS IN FLORIDA
Occasionally, the date on which buyer and seller have agreed to close on may not exactly align with the desired timeline of the parties. Usually, buyers wish to occupy the property right after closing. However, sometimes, if the home is located in a desirable location and priced well, a buyer may agree to the… Read More »
Florida Construction Worker Failed to Establish Workers’ Compensation Claim
Construction work can be dangerous. It comes as no surprise, therefore, that reports of accidents and injuries are not uncommon when it comes to construction projects. Even this early in the year, news outlets contain reports of construction related injuries that have occurred in Florida in 2020. In South Florida, for example, a construction… Read More »
FLORIDA’S NOTICE OF COMMENCEMENT
A Notice of Commencement is a document that officially establishes the beginning date of a project, or the date on which a supplier first afforded materials or labor. It is filed and recorded in the requisite local or state office in the county in which the project is situated, and usually must be provided… Read More »
