Author Archives: Jay Butchko
TERMINATION FOR CONVENIENCE IN FLORIDA CONSTRUCTION PROJECTS
Below is a general scenario/discussion that happens way too often in construction projects throughout Florida: Owner to Contractor: You are fired, you no longer can work on this project at all. Pickup all of your equipment and leave ASAP. Contractor to Owner: You can’t do this to me, I have an agreement with you,… Read More »
LEGAL CONSIDERATIONS FOR FLORIDA SHORT-TERM VACATION RENTALS
The demand for Florida real estate will probably never cease, as long as there is sunshine, sand, water, and theme parks, individuals from all over the world will be coming to Florida on a vacation/holiday basis. With the advent of websites like vacation by owner, AirBnB, and companies that specialize in managing short-term vacation… Read More »
Three Instances in a Construction Project Where Legal Input is Invaluable
Seasoned general contractors who often run construction projects can become desensitized to the legalities of the construction process. Much of construction is legal given the costliness, time investment, and permanence of the business. The end user is always a human being whose safety and health should be ensured. The legalistic nature of construction projects… Read More »
OSHP: Ensuring Worker Safety on Florida’s Construction Sites
General contractors in Florida are required to follow two regulating bodies when it comes to workplace health and safety standards. The Occupational Health and Safety Administration, also known as OSHA, is the federal regulating body that sets standards and ensures that employers are protecting their employees (i.e., construction workers) from workplace hazards. However, state-based… Read More »
Avoid These Mistakes When Filing a Mechanic’s Lien
Florida law permits general contractors, laborers, subcontractors, and suppliers to claim interest in a property they have worked on, but have failed to receive due payment. A mechanic lien places a security interest on the property for the payment owed. That interest may be acquired to recuperate the payment for the work performed or… Read More »
FLORIDA PARTITION ACTIONS
For over a hundred years entities and people have been investing in Florida real estate. From land speculators that purchase hundreds of acres of land at a clip and sit on them, to snow birds with one-bedroom beach or golf and tennis condominiums, there is and has always been and will always be a… Read More »
Voluntary and Involuntary Dissolution of a Florida Corporation
A corporation is a legal entity with its own rights, privileges and liabilities that are separate from the members who created it. As such, a corporation is viewed as a separate entity (almost like an individual) in the eyes of the law. The individuals who are the shareholders to the corporation own the profits… Read More »
PROFESSIONAL LIABILITY FOR FLORIDA LICENSED REAL ESTATE BROKERS & AGENTS IN RESIDENTIAL TRANSACTIONS
While most real estate professionals are honest, hard-working, and ethical. Unfortunately, just as the case in any profession, occasionally a rogue real estate agent and/or broker that will be able to conduct business and increase their transaction records with outright lies and fraudulent statements. Or, occasionally a real estate broker or agent will negligently… Read More »
Best Practices: Indemnity Provisions and Construction Contracts
Indemnification Provisions in Construction Contracts Indemnification provisions are often written into construction contracts. This is likely the case where the parties to the contracts are faced with a project or certain circumstances that comes with a high risk of loss or damage. These clauses are also seen in circumstances where there is a high… Read More »
RESURGENCE OF FLORIDA CONDO HOTELS, ADVANTAGES AND DISADVANTAGES OF OWNERSHIP
Anyone that travels to Florida resorts or have friends that vacation in Florida undoubtedly have come across the idea of condo hotel ownership. Usually, the pitch for this type of ownership structure goes like this, you deserve the Florida lifestyle, you deserve to have your own vacation residence, you deserve and desire the finer… Read More »
