Author Archives: Jay Butchko
Sweeney Law, P.A. Prevails at Trial in the Defense of Real Estate Professional in Malicious Prosecution Claim
Sweeney Law, P.A. successfully defended a Florida Real Estate Professional at trial in the defense of a malicious prosecution claim. Plaintiff’s action was based upon an alleged improper underlying eviction action against Plaintiff that had been dismissed several months earlier. Significant efforts were made to reach a negotiated resolution for this matter, however, Plaintiff… Read More »
Third Party Liability for Construction Site Injuries
Construction work is certainly one of the most dangerous jobs around today. With injury as a constant possibility, employers and contractors must ensure that they have protocol and practices in place to lessen the likelihood of injury. Federal laws under the Occupational Safety and Health Administration provide guidelines and regulate safety in the construction… Read More »
Yes, Contractual Interference is a Cause of Action
Tortious interference, also known as intentional interference with contractual relations, is a common law cause of action. Common law causes of action are man-made laws that arise from court decisions. In other words, this cause of action is not statutory. Tortious interference allows claims for damages against defendants who intentionally interfere with the plaintiff’s… Read More »
Safety Standards and the Top Three Causes of Death in the Construction Industry
The Occupational Safety and Health Administration (OSHA) creates standards governing the safety and health of construction workers as well as the public. Not only do they regulate the industry, but they also monitor and administer regulations to ensure compliance. Periodically, OSHA releases health and safety guidelines governing broad areas of health and safety standards… Read More »
Third Party Liability for Construction Site Injuries
Construction work is certainly one of the most dangerous jobs around today. With injury as a constant possibility, employers and contractors must ensure that they have protocol and practices in place to lessen the likelihood of injury. Federal laws under the Occupational Safety and Health Administration provide guidelines and regulate safety in the construction… Read More »
Yes, Contractual Interference is a Cause of Action
Tortious interference, also known as intentional interference with contractual relations, is a common law cause of action. Common law causes of action are man-made laws that arise from court decisions. In other words, this cause of action is not statutory. Tortious interference allows claims for damages against defendants who intentionally interfere with the plaintiff’s… Read More »
Safety Standards and the Top Three Causes of Death in the Construction Industry
The Occupational Safety and Health Administration (OSHA) creates standards governing the safety and health of construction workers as well as the public. Not only do they regulate the industry, but they also monitor and administer regulations to ensure compliance. Periodically, OSHA releases health and safety guidelines governing broad areas of health and safety standards… Read More »
Mechanic’s Liens: Creation, Perfection, and Priority
Although it sounds unrelated to the building construction industry, a mechanic’s lien is a powerful tool for building contractors and subs who seek to collect for their completed work. A contractor should consider a mechanic’s lien when the owner of a property or the entity responsible for payment does furnish payment according to a… Read More »
The Legal Mechanics of Quantum Meruit
What is Quantum Meruit? Quantum meruit (Latin for “as much as he has deserved”) is an equitable remedy that provides restitution for unjust enrichment. Unjust enrichment describes the scenario where one’s actions provide a valuable service to another thus requiring compensation even without the existence of a previously formed contract. In other words, a… Read More »
Breach of Contract Issues in Commercial Transactions
Forms of Breach Breach of contract is a violation of the contractual obligation. There are varying forms of breach of contract including the repudiation of a promise to perform, failing to perform the promise or interfering with another party’s performance. Proving breach of contract in commercial transactions can be a case of “he said-she… Read More »
