Author Archives: Jay Butchko
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 »
Florida’s Workers’ Compensation Rules and How it Affects Your Construction Project
Workers’ compensation is a financial support system implemented by states and the federal governments to provide income, medical care and rehabilitative services to employees who become sick or injured during the performance of their employment duties. The benefits of workers’ compensation are normally provided even if the employee was at fault. Therefore, these services… Read More »
PUNITIVE DAMAGES IN FLORIDA…GET THE MONEY. DOLLAR, DOLLAR BILL Y’ALL
Damages for the most part are awarded to a party necessary to make that party whole again due to the wrongful acts of the other party. This is not the case with punitive damage. Punitive damages, also commonly referred to as exemplary damages, are intended to harm and hurt a party for its intentional… Read More »
Negotiating a Construction Contract as a General Contractor
Negotiating any type of complex business transaction is a skill. Construction contract negotiations require much foresight and anticipation of possible delays and other difficulties. Each party is theoretically on the same side, however, there is a tug and pull. The owner will want little to no delays and the general contractor wants to agree… Read More »
LIVING IN A FLORIDA GOLF COURSE COMMUNITY DREAMS CAN BECOME NIGHTMARES
Everyone has seen the advertisements for living in a Florida golf course community, whether reading your local newspaper, or simply driving around Florida. The sales pitch usually follows something along the lines of, you deserve it, Florida resort lifestyle, and will show a beautifully manicured course with the background of unspoiled Florida wetlands. The… Read More »
Licensing Matters in Construction Law
The technicality of the construction business requires that contractors are lawfully licensed and duly approved to take on construction projects. State and local officials have the authority to audit contractors to ensure compliance. Florida, like other states in the country, requires general contractors to go through a process to obtain licensure. Without this license,… Read More »
LOST FUTURE PROFIT CLAIMS IN FLORIDA
When it comes to damages in Florida for breach of contract claims and other intentional torts, a very important and difficult type of consequential damages to prove concerns lost future profits claims. By example, assume that a business entered into a contractual agreement with a contractor to build-out commercial space. The contractor is very… Read More »
