Author Archives: Jay Butchko
Construction Defects and Florida Statutes Chapter 558
The Florida legislature has found that there are out of court methods that are beneficial to resolving construction defect disputes. These methods increase judicial economy and reduce the amount of defect cases that come through the courts. This administrative means of resolving defect issues also ensures that the process is speedy for the parties… Read More »
PREJUDGMENT WRIT OF GARNISHMENT IN FLORIDA
Prejudgment remedies in Florida are useful tools that can set the tone in litigation. Prejudgment remedies often times place opposing parties on notice that the matter is going to be aggressively handled and that the claim is well financed. One of the most useful and practical prejudgment remedies in Florida is having the Court… Read More »
Rights & Obligations Under Florida’s Workers’ Compensation Law
Florida’s workers’ compensation law be interpreted to ensure the speedy and efficient delivery of disability and medical benefits to an injured worker and to aid the worker’s return to gainful reemployment at a reasonable cost to the employer. The law governing Florida’s workers’ compensation insurance law is listed under Chapter 440 of the Florida… Read More »
Essential Terms for a Subcontractor Agreement
Prime contractors often cannot carry out their work without the help of other construction companies who have the needed expertise of a project. A prime contractor who does not have the manpower or expertise to install an electrical system in a new building structure will need to hire a subcontractor to fulfill this need…. Read More »
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS DAMAGES IN FLORIDA
When filing a claim for damages it can sometimes be difficult to put a liquidated, tangible number on the amount of damages actually suffered by the plaintiff. Sometimes these damages are emotion pain and suffering that cannot always be accurately quantified. Florida law permits two categories of claims to recover damages for emotional distress…. Read More »
Tips for Due Diligence Success as a Novice
The most important aspect of mergers and acquisitions (M&A) is the performance of due diligence activities. Those who are beginners in the area of M&A will quickly know the importance of why due diligence occur before the purchase of a business is finalized. The due diligence investigation is an audit of a potential investment… Read More »
FRAUDULENT CONVEYANCES IN FLORIDA
A fraudulent transfer in Florida occurs when a debtor transfers legal title of property to a third party with the intent to hinder, delay, or defraud a present or future creditor. A fraudulent conversion, on the other hand, is when a debtor converts non-exempt property subject to creditor attack to a different type of property, still owned by… Read More »
How to Win a Scope of Work Contract Dispute
Given the complex nature of construction contracts, disputes are commonplace in the contractual relationship. One area that is often the basis of dispute is the scope of work provision in the contract. Scope of work describes, with specificity, what is expected from the contractor and it is used as a tool for the construction… Read More »
DISTRIBUTION OF SURPLUS FUNDS AFTER FORECLOSURE SALE IN FLORIDA
After the foreclosure sale of a property there are sometimes remaining monies that have not been claimed, these remaining funds are called surplus funds. Florida Property owners going through the foreclosure process for a long time dealt with an issue regarding when, if ever, they would be entitled to any surplus funds from the… Read More »
ATTORNEY MATTHEW P. SCHULZE OF SWEENEY LAW, P.A. FEATURED IN THE JULY EDITION OF THE BROWARD BAR BARRISTER
Florida Cannabis Legislative Update Cannabis, or marijuana, contains two major compounds: cannabidiol and tetrahydrocan-nabinol. Cannabidiol, also known as CBD, is the “non-euphoric” compound extracted from hemp, a form of cannabis, and used for treating pain and relieving inflammation. Tetrahydrocannabinol, also known as THC, is the “psychoactive” compound which causes marijuana’s “high”. Just this month,… Read More »
