Author Archives: Jay Butchko
“Slip and Fall” Tort Litigation Guidance for Business Owners
Business owners have a large amount of responsibility to secure their premises from dangerous conditions that may be hazardous to their patrons. That is part of the cost of operating a business. However, when a claim is filed, the business owner must make assertive decisions to ensure that the litigation is proper and that… Read More »
EMPLOYEES VS. INDEPENDENT CONTRACTORS IN FLORIDA
Though there are many distinctions between employees and independent contractors, possibly the most apparent one is that an employer of an independent contractor does not have the right to control or direct the means or method of completing the work results, only the result of the work itself. Put differently, the right to control… Read More »
Common Ethical Issues in Construction Law
Construction law like many other areas of law is fraught with tangential issues that can permeate into the substance of construction law issues. Parties engaged in construction contracting are wise to look for and anticipate ethics issues before they become a problem. The common pitfalls are subtle and usually not discoverable unless familiar with… Read More »
THE TYPES OF DEEDS UTILIZED IN FLORIDA REAL ESTATE TRANSACTIONS
There are essentially four basic types of deeds in Florida and a few additional specialized ones based off those four. Those four basic types of deeds, in order of diminishing benefit to the Grantee, are: the Warranty Deed, the Special Warranty Deed, the Fee Simple Deed, and the Quit Claim Deed. Furthermore, you have… Read More »
Legal Liability for Construction Site Accidents
Construction site accidents are rampant in the construction industry. In addition to its frequency, the politics of liability can turn complex given the many parties involved on a construction site and the legal implications that can arise depending on the standard of care expected from the party. On any traditional, larger-scale construction site, there… Read More »
PIERCING THE CORPORATE VEIL IN FLORIDA
A corporation is a legal entity separate and distinct from its shareholders. The corporate form usually protects shareholders from personal liability for the corporation’s debts. Nevertheless, shareholders cannot use corporate status to limit their liability, and then use the corporate form to cover their fraud. Under such conditions, a party may seek to “pierce… Read More »
An Overview of Construction Contract Warranties
Warranties are ubiquitous in all contracts. In short, warranties are promises or assurances regarding the deliverables of the contract. Warranties can come in the form of clear and precise words of assurances listed in the contract terms. These are called express contract term—they are expressly written into the body of the contract. Alternatively, implied… Read More »
DEFENSES TO FLORIDA’S CIVIL THEFT STATUTE
Florida’s Civil Theft statute is an appealing claim to many plaintiffs because, if successful, it permits recovery of treble damages and attorney fees. Civil theft claims can be alleged by individuals and businesses alike, and are meant to create civil liability for criminal practices that are violations of 812.012-812.037 or 825.103(1) of the Florida Statutes (i.e. crimes of… Read More »
New Florida Cell Phone Law: Enforcement Issues and its Effects on Liability Claims on Construction Sites
On July 1st, 2019, a new Florida law went into effect banning the use of handheld devices in construction zones. The device usage law was just one of the many laws that went into effect on that day. With this law, Florida is one of the last few states to prohibit texting while driving. … Read More »
UNDERSTANDING FLORIDA’S MARKETABLE RECORD TITLE ACT
Florida’s Marketable Record Title Act (Chapter 712 of the Florida Statutes) (“MRTA”) was passed in order to liberate real property from older title defects by prescribing a 30-year limitations period on certain matters of title. As stated in Florida Statute Section 720.04, “a marketable record title is free and clear of all estates, interests,… Read More »
