Recent Blog Posts
PIERCING THE CORPORATE VEIL IN FLORIDA
A corporation is a legal entity separate and distinct from its shareholders. The corporate form usually protects shareholders from personal liability for the corporation’s debts. Nevertheless, shareholders cannot use corporate status to limit their liability, and then use the corporate form to cover their fraud. Under such conditions, a party may seek to “pierce… Read More »
An Overview of Construction Contract Warranties
Warranties are ubiquitous in all contracts. In short, warranties are promises or assurances regarding the deliverables of the contract. Warranties can come in the form of clear and precise words of assurances listed in the contract terms. These are called express contract term—they are expressly written into the body of the contract. Alternatively, implied… Read More »
DEFENSES TO FLORIDA’S CIVIL THEFT STATUTE
Florida’s Civil Theft statute is an appealing claim to many plaintiffs because, if successful, it permits recovery of treble damages and attorney fees. Civil theft claims can be alleged by individuals and businesses alike, and are meant to create civil liability for criminal practices that are violations of 812.012-812.037 or 825.103(1) of the Florida Statutes (i.e. crimes of… Read More »
New Florida Cell Phone Law: Enforcement Issues and its Effects on Liability Claims on Construction Sites
On July 1st, 2019, a new Florida law went into effect banning the use of handheld devices in construction zones. The device usage law was just one of the many laws that went into effect on that day. With this law, Florida is one of the last few states to prohibit texting while driving. … Read More »
UNDERSTANDING FLORIDA’S MARKETABLE RECORD TITLE ACT
Florida’s Marketable Record Title Act (Chapter 712 of the Florida Statutes) (“MRTA”) was passed in order to liberate real property from older title defects by prescribing a 30-year limitations period on certain matters of title. As stated in Florida Statute Section 720.04, “a marketable record title is free and clear of all estates, interests,… Read More »
Construction Defects and Florida Statutes Chapter 558
The Florida legislature has found that there are out of court methods that are beneficial to resolving construction defect disputes. These methods increase judicial economy and reduce the amount of defect cases that come through the courts. This administrative means of resolving defect issues also ensures that the process is speedy for the parties… Read More »
PREJUDGMENT WRIT OF GARNISHMENT IN FLORIDA
Prejudgment remedies in Florida are useful tools that can set the tone in litigation. Prejudgment remedies often times place opposing parties on notice that the matter is going to be aggressively handled and that the claim is well financed. One of the most useful and practical prejudgment remedies in Florida is having the Court… Read More »
Rights & Obligations Under Florida’s Workers’ Compensation Law
Florida’s workers’ compensation law be interpreted to ensure the speedy and efficient delivery of disability and medical benefits to an injured worker and to aid the worker’s return to gainful reemployment at a reasonable cost to the employer. The law governing Florida’s workers’ compensation insurance law is listed under Chapter 440 of the Florida… Read More »
Essential Terms for a Subcontractor Agreement
Prime contractors often cannot carry out their work without the help of other construction companies who have the needed expertise of a project. A prime contractor who does not have the manpower or expertise to install an electrical system in a new building structure will need to hire a subcontractor to fulfill this need…. Read More »
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS DAMAGES IN FLORIDA
When filing a claim for damages it can sometimes be difficult to put a liquidated, tangible number on the amount of damages actually suffered by the plaintiff. Sometimes these damages are emotion pain and suffering that cannot always be accurately quantified. Florida law permits two categories of claims to recover damages for emotional distress…. Read More »
