Monthly Archives: January 2020
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 »
Florida’s 55 and Older Communities and the 80/20 Rule
Title VIII of the Civil Rights Act of 1968, also known as the Federal Fair Housing Act, prohibits discrimination due to race, color, religion, sex, handicap, familial status or national origin. Many States have their own Fair Housing Act – in Florida Chapter 760 of the Florida Statutes is dedicated to discrimination issues that expand the protection… Read More »
Arbitration Clauses in Construction Contracts
Construction contracts normally do not contain arbitration clauses. Parties prefer to leave it up to the courts in the case a dispute arises. That is usually the best course of action for parties given the varying complexities inherent in construction contracts and in the industry itself. However, there are some parties who prefer to… Read More »
