Author Archives: Jay Butchko
The Legal Consequences of Failing to Check Utility Lines
All new building construction projects require some sort of excavation to set the foundation for the building. Excavation requires digging beneath the earth’s surface to accomplish the task. Contractors and owners who are engaged in such a construction project must ensure that they are aware of the utility lines that lie below the surface…. Read More »
SELLER’S DUTY TO DISCLOSE FLORIDA PROPERTY DEFECTS
Prior to 1985 when a buyer bought a property, they did so at their own risk as far as the condition of the property but with the Florida Supreme Court’s ruling in Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) that all changed. In Johnson v. Davis, a buyer sued a seller in… Read More »
The Essentials of Performance Bonds
There is inherent risk in being the client of a contractor who has promised to complete a construction job by a certain date and time. The client is reliant on the contractual terms of the construction agreement and their past performance or knowledge of the construction company in the industry. There needs to be… Read More »
Change Orders in Florida Construction Projects
When negotiating a construction contract, it is often difficult for the parties to absolutely define the scope of the work that is to be completed. These types of agreements are frequently altered during performance of the project. This is accomplished through a process commonly referred to as a change order. A change order is… Read More »
Attorney Brendan Sweeney featured in the June edition of the Broward County Bar Barrister
The Telephone Consumer Protection Act: A Powerful Consumer Protection Statute Lurking in the Shadows of Mobile Marketing Imagine for a moment that a long-term client calls her attorney to discuss some items, and, in passing, the client ad-vises her attorney that she really has been bringing in new customers lately. The attorney congratulates… Read More »
Negotiation Tactics for Business Transactions
Negotiation is a critical aspect of business transactions. Your negotiation tactics can make a break a business deal. There are a few tactics that one needs to consider to bring about a successful negotiation outcome. Each negotiator has his or her own style. Some people take on a more collaborative style whereas some people… Read More »
The Florida Lis Pendens
A “lis pendens” is a written notice that a lawsuit has been filed which affects title to real property or some interest in that real property. A lis pendens is regularly referred to as a “cloud on title” and will stop the homeowner from selling or attaining refinancing on their property until the lis… Read More »
Pros and Cons of an Arbitration Clause in a Construction Contract
Alternative dispute resolution as a means to settle construction-related contract claims is now commonplace. This is especially the case for parties who frequently contract. The pressures of a full court case may contribute to the breaking apart of a business relationship. Those who value the possibility of an ongoing relationship may agree to arbitration… Read More »
FLORIDA’S LONG-ARM STATUTE
Synopsis of Personal Jurisdiction in Florida Establishing personal jurisdiction in Florida is usually very simple. A Florida court has personal jurisdiction if the Defendant is a Florida resident. See Patten v. Mokher, 184 So. 29, 30 (Fla. 1938). For nonresident Defendants, a Florida court has personal jurisdiction if the Defendant is served with process while… Read More »
Key Construction Contract Terms
Construction contracts have certain key terms that are constants. For example, most construction contracts have boilerplate terms that are a mainstay in the construction industry. These terms encompass agreements that are typical in the construction industry and refer to standardized methods and procedures. Arbitration terms are also a constant in today’s construction contracts. These… Read More »
