Monthly Archives: February 2020
Statute of Limitations – Actions Based on the Design, Planning or Construction of Improvements to Real Property
For various types of lawsuits, except for actions seeking to recover real property, Florida provides limitations periods, often referred to as statutes of limitations, in Fla. Stat. 95.11. Basically, these laws limit the time that a plaintiff has to file a lawsuit based on a particular type of claim. Under Fla. Stat. 95.11(3)(c), for… Read More »
USING A PRIVATE INVESTIGATOR IN FLORIDA LITIGATION PROCEEDINGS
The use of private investigators (“PI”) in Florida litigation is more common than many people recognize. My general rule is that if the stakes are high enough then the likelihood of parties utilizing PI’s is there. A couple of years ago, Sweeney Law, P.A. was representing a surgeon that was forced into retirement due… Read More »
The Law Governing Latent Construction Defects
Defects in construction are usually seen and discoverable by the owner who has received the deliverable. These defects are clear to the naked eye or they are discoverable after some technical investigation. As such, the statute of limitations begins to run when the defect is discovered for the purposes of making a claim. However,… Read More »
POST-OCCUPANCY AGREEMENTS IN FLORIDA
Occasionally, the date on which buyer and seller have agreed to close on may not exactly align with the desired timeline of the parties. Usually, buyers wish to occupy the property right after closing. However, sometimes, if the home is located in a desirable location and priced well, a buyer may agree to the… Read More »
Florida Construction Worker Failed to Establish Workers’ Compensation Claim
Construction work can be dangerous. It comes as no surprise, therefore, that reports of accidents and injuries are not uncommon when it comes to construction projects. Even this early in the year, news outlets contain reports of construction related injuries that have occurred in Florida in 2020. In South Florida, for example, a construction… Read More »
FLORIDA’S NOTICE OF COMMENCEMENT
A Notice of Commencement is a document that officially establishes the beginning date of a project, or the date on which a supplier first afforded materials or labor. It is filed and recorded in the requisite local or state office in the county in which the project is situated, and usually must be provided… Read More »
Lower Court’s Decision to Grant Summary Judgment for Subcontractor in Breach of Contract Action Reversed
Recently, the Florida District Court of Appeals, Fourth District, reversed a lower court’s decision to grant summary judgment to a subcontractor in a breach of contract action. In that case, Prime Investors & Developers v. Meridian Companies, the subcontractor was hired to install cabinets and countertops in a Miami-Dade County hotel. The District Court… Read More »
Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the February Edition of the Broward County Bar Barrister – THE ABC’S OF ATTORNEY’S FEES IN FLORIDA
Florida courts have accepted the “American Rule” with respect to awarding attorney’s fees to a prevailing party in litigation. The “American Rule” requires that “in the absence of legislation providing otherwise, litigants must pay their own attorney’s fees.” Simply put, attorney’s fees may usually only be awarded if the contract that is at issue allows for recovery… Read More »
