Author Archives: Jay Butchko
Specific Performance for Contracts Concerning the Sale of Florida Real Property
Specific performance is a method of remedy recognized in every state, as well as under federal law. Still, there are nuances in how specific performance must be asked for and proven, as well as when it will be legally awarded, which depends on specific state statutes and case law. For Florida purposes, specific performance pursues… Read More »
The Essentials of a Business Partnership
A partnership is a type of business entity that is comprised of two or more persons. Under the laws of various states and Florida, a person is defined as an individual, groups of individuals, companies, and corporations. As a result, the complexity of the partnership depends on the entities it comprises. Each partner in… Read More »
The Legal Stages of Construction Bidding
Construction bidding is the process of submitting a construction proposal to oversee or manage the overseeing of a construction project. In the case of state or federal government processes, there is a formal bidding process. The bidding process is overseen by the governmental entity that is making the solicitation. There are a few major… Read More »
Avoiding Legal Pitfalls as a General Contractor
Running a project as a general contractor is usually a large undertaking. It is also a huge legal undertaking that requires significant knowledge to avoid legal pitfalls. Contractors should not risk the possible legal pitfalls that come along with overseeing and providing servicing on a construction project. Seek Legal Review All Contracts Not all… Read More »
FLORIDA REAL PROPERTY LIENS: FLORIDA STATUTES 713, 718, 720 AND 723.
We have all seen the news report, it usually goes something like this, a wealthy individual from the northeast has creditors crawling out of the woodwork to collect on large sums of money. The wealthy individual has a multimillion-dollar waterfront Florida residence which the creditors cannot get to. Well the reason for this is… Read More »
Construction Related Falls Increase in Recent Years
In 2017, NBC News reported nearly 900 fatal job-related falls. In August 2018, a man slipped and fell two stories in south Florida, landing on rock below a building. He lost his life about an hour after the incident. According to a sheriff’s report, the man had unclipped his safety harness shortly before the… Read More »
ATTORNEY’S FEES & CONTINGENCY FEE MULTIPLIERS IN FLORIDA
One of the most critical factors in engaging in litigation in Florida is whether or not the prevailing party is entitled to attorney’s fees. Prevailing party attorney’s fees will allow the prevailing party to be reimbursed for their fees in prosecuting/defending claims. Generally, in order to be entitled to prevailing party attorney’s fees in… Read More »
LIQUIDATED DAMAGES IN FLORIDA
Parties that enter into contracts need to be able to rely upon the other party and ensure that they are going to live up to their end of the bargain. If a party does not fulfill their contractual obligations it will likely have a detrimental impact on the other party. In many cases the… Read More »
Defending Unfair and Deceptive Trade Practices Claims
Business owners have a duty to run their operation with fairness and honesty. This means that the business delivers what it promises and acts in the interest of their customers and patrons. Businesses who run afoul of this are subject to claims and lawsuits from the people they serve. They also subject themselves to… Read More »
The “Good Workmanship” Standard
In the construction industry, there are set standards of quality that must be met when a structure is being built or a system is being designed. Without these standards of quality, the work performed will vastly vary in quality from one construction project to the next. The standards also ensure that safety and public… Read More »
