Recent Blog Posts
Negotiation Tactics for Business Transactions
Negotiation is a critical aspect of business transactions. Your negotiation tactics can make a break a business deal. There are a few tactics that one needs to consider to bring about a successful negotiation outcome. Each negotiator has his or her own style. Some people take on a more collaborative style whereas some people… Read More »
The Florida Lis Pendens
A “lis pendens” is a written notice that a lawsuit has been filed which affects title to real property or some interest in that real property. A lis pendens is regularly referred to as a “cloud on title” and will stop the homeowner from selling or attaining refinancing on their property until the lis… Read More »
Pros and Cons of an Arbitration Clause in a Construction Contract
Alternative dispute resolution as a means to settle construction-related contract claims is now commonplace. This is especially the case for parties who frequently contract. The pressures of a full court case may contribute to the breaking apart of a business relationship. Those who value the possibility of an ongoing relationship may agree to arbitration… Read More »
FLORIDA’S LONG-ARM STATUTE
Synopsis of Personal Jurisdiction in Florida Establishing personal jurisdiction in Florida is usually very simple. A Florida court has personal jurisdiction if the Defendant is a Florida resident. See Patten v. Mokher, 184 So. 29, 30 (Fla. 1938). For nonresident Defendants, a Florida court has personal jurisdiction if the Defendant is served with process while… Read More »
Key Construction Contract Terms
Construction contracts have certain key terms that are constants. For example, most construction contracts have boilerplate terms that are a mainstay in the construction industry. These terms encompass agreements that are typical in the construction industry and refer to standardized methods and procedures. Arbitration terms are also a constant in today’s construction contracts. These… Read More »
Specific Performance for Contracts Concerning the Sale of Florida Real Property
Specific performance is a method of remedy recognized in every state, as well as under federal law. Still, there are nuances in how specific performance must be asked for and proven, as well as when it will be legally awarded, which depends on specific state statutes and case law. For Florida purposes, specific performance pursues… Read More »
The Essentials of a Business Partnership
A partnership is a type of business entity that is comprised of two or more persons. Under the laws of various states and Florida, a person is defined as an individual, groups of individuals, companies, and corporations. As a result, the complexity of the partnership depends on the entities it comprises. Each partner in… Read More »
The Legal Stages of Construction Bidding
Construction bidding is the process of submitting a construction proposal to oversee or manage the overseeing of a construction project. In the case of state or federal government processes, there is a formal bidding process. The bidding process is overseen by the governmental entity that is making the solicitation. There are a few major… Read More »
Avoiding Legal Pitfalls as a General Contractor
Running a project as a general contractor is usually a large undertaking. It is also a huge legal undertaking that requires significant knowledge to avoid legal pitfalls. Contractors should not risk the possible legal pitfalls that come along with overseeing and providing servicing on a construction project. Seek Legal Review All Contracts Not all… Read More »
FLORIDA REAL PROPERTY LIENS: FLORIDA STATUTES 713, 718, 720 AND 723.
We have all seen the news report, it usually goes something like this, a wealthy individual from the northeast has creditors crawling out of the woodwork to collect on large sums of money. The wealthy individual has a multimillion-dollar waterfront Florida residence which the creditors cannot get to. Well the reason for this is… Read More »
