Recent Blog Posts
FLORIDA’S NOTICE OF COMMENCEMENT
A Notice of Commencement is a document that officially establishes the beginning date of a project, or the date on which a supplier first afforded materials or labor. It is filed and recorded in the requisite local or state office in the county in which the project is situated, and usually must be provided… Read More »
Lower Court’s Decision to Grant Summary Judgment for Subcontractor in Breach of Contract Action Reversed
Recently, the Florida District Court of Appeals, Fourth District, reversed a lower court’s decision to grant summary judgment to a subcontractor in a breach of contract action. In that case, Prime Investors & Developers v. Meridian Companies, the subcontractor was hired to install cabinets and countertops in a Miami-Dade County hotel. The District Court… Read More »
Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the February Edition of the Broward County Bar Barrister – THE ABC’S OF ATTORNEY’S FEES IN FLORIDA
Florida courts have accepted the “American Rule” with respect to awarding attorney’s fees to a prevailing party in litigation. The “American Rule” requires that “in the absence of legislation providing otherwise, litigants must pay their own attorney’s fees.” Simply put, attorney’s fees may usually only be awarded if the contract that is at issue allows for recovery… Read More »
Preparing for a Construction Litigation Case
Construction litigation is an involved process that requires meticulous engagement with experienced trial attorneys who will bring your case to a favorable resolution. There are a number of steps involved in the litigation process, however, given the unique industry of construction, the steps will differ and requires certain considerations that do not have the… Read More »
THE SNDA CLAUSE IN COMMERCIAL LEASING – SUBORDINATION, NON-DISTURBANCE, AND ATTORNMENT AGREEMENT
Commercial leases frequently include what is known as a subordination, non-disturbance, and attornment agreement, commonly referred to as an SNDA. SNDAs explain certain rights of the tenant, the landlord, and associated third parties, such as the landlord’s lender or a purchaser of the property. There are three components to an SNDA: the subordination clause, the… Read More »
Types of Construction-Related Litigation Damages
Construction litigation is a complex process that parties will try to avoid if their needs can be met through other dispute resolution means. However, that is not always the case. Instead, parties including general contractors, developers, owners and subcontractors often engage in a costly legal battle when there is no other means to resolve… Read More »
CONSTRUCTION DELAYS IN FLORIDA
Construction delays, while not inevitable, are generally common. For example, weather issues can cause many construction projects to be delayed for an unspecified period of time. Regrettably, whatever the cause of the delay, work must be stopped, and with that comes a cost. Sometimes that cost is not just financial, it creates a domino… Read More »
Avoiding Trademark Infringement When Opening a New Business
Trademark infringement protects a business that has exclusive right to utilize the mark. A trademark is a word, phrase, symbol, and/or a design that signifies and distinguishes the goods or products of one business from those of others. Similarly, a service mark is a word, phrase, symbol or design that signifies and distinguishes the… Read More »
CIVIL CONSPIRACY IN FLORIDA
A civil conspiracy, in Florida, involves the following elements: (a) a conspiracy between two or more parties; (b) to do an unlawful act or to do a lawful act by unlawful means; (c) the doing of some overt act in pursuance of the conspiracy; and (d) damage to plaintiff as a result of the… Read More »
Steps to Permitting a Home Construction Project in Florida
Homeowners who are thinking of remodeling their home or starting work on an addition do not usually think of the permitting process. Depending on how large the construction project, the contractor must seek permission from the local agency before beginning construction. Homeowners must rely on the experience of their contractors to obtain the proper… Read More »
