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Monthly Archives: January 2020

Lit4

Preparing for a Construction Litigation Case

By Sweeney Law, PA |

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 »

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LegalLaw

THE SNDA CLAUSE IN COMMERCIAL LEASING – SUBORDINATION, NON-DISTURBANCE, AND ATTORNMENT AGREEMENT

By Sweeney Law, PA |

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 »

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ConstLiti

Types of Construction-Related Litigation Damages

By Sweeney Law, PA |

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 »

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ConstrProject

CONSTRUCTION DELAYS IN FLORIDA

By Sweeney Law, PA |

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 »

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Trademark9

Avoiding Trademark Infringement When Opening a New Business

By Sweeney Law, PA |

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 »

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Litigation5

CIVIL CONSPIRACY IN FLORIDA

By Sweeney Law, PA |

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 »

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ConstructionHome

Steps to Permitting a Home Construction Project in Florida

By Sweeney Law, PA |

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 »

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ElderCouple

Florida’s 55 and Older Communities and the 80/20 Rule

By Sweeney Law, PA |

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 »

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Construction6

Arbitration Clauses in Construction Contracts

By Sweeney Law, PA |

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 »

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