Recent Blog Posts
Tips for Due Diligence Success as a Novice
The most important aspect of mergers and acquisitions (M&A) is the performance of due diligence activities. Those who are beginners in the area of M&A will quickly know the importance of why due diligence occur before the purchase of a business is finalized. The due diligence investigation is an audit of a potential investment… Read More »
FRAUDULENT CONVEYANCES IN FLORIDA
A fraudulent transfer in Florida occurs when a debtor transfers legal title of property to a third party with the intent to hinder, delay, or defraud a present or future creditor. A fraudulent conversion, on the other hand, is when a debtor converts non-exempt property subject to creditor attack to a different type of property, still owned by… Read More »
How to Win a Scope of Work Contract Dispute
Given the complex nature of construction contracts, disputes are commonplace in the contractual relationship. One area that is often the basis of dispute is the scope of work provision in the contract. Scope of work describes, with specificity, what is expected from the contractor and it is used as a tool for the construction… Read More »
DISTRIBUTION OF SURPLUS FUNDS AFTER FORECLOSURE SALE IN FLORIDA
After the foreclosure sale of a property there are sometimes remaining monies that have not been claimed, these remaining funds are called surplus funds. Florida Property owners going through the foreclosure process for a long time dealt with an issue regarding when, if ever, they would be entitled to any surplus funds from the… Read More »
ATTORNEY MATTHEW P. SCHULZE OF SWEENEY LAW, P.A. FEATURED IN THE JULY EDITION OF THE BROWARD BAR BARRISTER
Florida Cannabis Legislative Update Cannabis, or marijuana, contains two major compounds: cannabidiol and tetrahydrocan-nabinol. Cannabidiol, also known as CBD, is the “non-euphoric” compound extracted from hemp, a form of cannabis, and used for treating pain and relieving inflammation. Tetrahydrocannabinol, also known as THC, is the “psychoactive” compound which causes marijuana’s “high”. Just this month,… Read More »
The Legal Consequences of Failing to Check Utility Lines
All new building construction projects require some sort of excavation to set the foundation for the building. Excavation requires digging beneath the earth’s surface to accomplish the task. Contractors and owners who are engaged in such a construction project must ensure that they are aware of the utility lines that lie below the surface…. Read More »
SELLER’S DUTY TO DISCLOSE FLORIDA PROPERTY DEFECTS
Prior to 1985 when a buyer bought a property, they did so at their own risk as far as the condition of the property but with the Florida Supreme Court’s ruling in Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) that all changed. In Johnson v. Davis, a buyer sued a seller in… Read More »
The Essentials of Performance Bonds
There is inherent risk in being the client of a contractor who has promised to complete a construction job by a certain date and time. The client is reliant on the contractual terms of the construction agreement and their past performance or knowledge of the construction company in the industry. There needs to be… Read More »
Change Orders in Florida Construction Projects
When negotiating a construction contract, it is often difficult for the parties to absolutely define the scope of the work that is to be completed. These types of agreements are frequently altered during performance of the project. This is accomplished through a process commonly referred to as a change order. A change order is… Read More »
Attorney Brendan Sweeney featured in the June edition of the Broward County Bar Barrister
The Telephone Consumer Protection Act: A Powerful Consumer Protection Statute Lurking in the Shadows of Mobile Marketing Imagine for a moment that a long-term client calls her attorney to discuss some items, and, in passing, the client ad-vises her attorney that she really has been bringing in new customers lately. The attorney congratulates… Read More »
