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Monthly Archives: August 2019

ConstContract2

An Overview of Construction Contract Warranties

By Sweeney Law, PA |

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 »

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Legal2

DEFENSES TO FLORIDA’S CIVIL THEFT STATUTE

By Sweeney Law, PA |

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 »

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ConsWorkerCell

New Florida Cell Phone Law: Enforcement Issues and its Effects on Liability Claims on Construction Sites

By Sweeney Law, PA |

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 »

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Legal8

UNDERSTANDING FLORIDA’S MARKETABLE RECORD TITLE ACT

By Sweeney Law, PA |

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 »

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Construction6

Construction Defects and Florida Statutes Chapter 558

By Sweeney Law, PA |

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 »

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Litigation5

PREJUDGMENT WRIT OF GARNISHMENT IN FLORIDA

By Sweeney Law, PA |

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 »

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