Author Archives: Jay Butchko
Guarding Florida Landlords from Contractor Liens: The Benefits of § 713.10, Florida Statutes
In most commercial leases, the tenant will need to undertake and make certain improvements to the leased premises. In some instances, the commercial space will be raw and will require a complete build-out, in others the tenant may only need to make minor improvements to the leased premises to fit for its intended use…. Read More »
Obtaining Federal and State Property Recovery Funds After Hurricane Irma
Rebuilding After Hurricane Irma It is without question that Florida was one of the hardest hit states during the recent hurricane season. Hurricane Irma, a category four hurricane landed on the coast of Florida on September 10, 2017. It wreaked havoc in southern Florida leaving areas of the Keys, Miami, and Jacksonville in ruins…. Read More »
The Florida Land Trust: Owning, Managing, and Transferring Real Property in Complete Anonymity
Imagine being able to have all of your Florida real estate ownership/interests private from the general public. Imagine that any potential judgment creditors were unable to attach to any of your real estate interests. Imagine that in order to convey your real estate interests that you no longer had to go along with the… Read More »
Do You Understand the Termination Provisions in Your Construction Contract?
There are boilerplate termination clauses that are commonplace in construction contracts permitting the property owner or the contractor to get out of an agreement based on a limited set of circumstances. Knowing the mechanics of how each type of termination provision works will aide parties if termination must occur. For Cause, For Convenience, and… Read More »
“Not In My Backyard:” Dealing With Your Neighbor’s Construction Project
Ways Your Neighbor’s Construction Project Can Affect You In the world of “fixer-upper” homes and periodical home renovations, property owners can engage in long, drawn out construction projects. Although there is a collective understanding that home construction projects are commonplace, not all projects are equal. A roofing project may take a few weeks with… Read More »
Reverse Mortgages: Are They Really One of the Coolest Things Since Sliced Bread?
Recently one of my favorite actors from the 1980s, Tom Selleck, has seen an increase in his screen time. The former Magnum PI star is not playing another dramatic role whipping around Hawaii in a bright red Ferrari, but instead is informing the public and serving as a spokesperson about the benefits of reverse… Read More »
Four Things You Need to Know About the Florida Consumer Collection Practices Act (FCCPA)
FCCPA Builds Upon Federal Legislation The Florida Consumer Collection Practices Act establishes legal protections to eliminate deceptive and abusive debt collection practices. The Act covers practices by both debtors and creditors. FCCPA supplements the Fair Debt Collection Practices Act, which provides the same protections under federal law. FCCPA adds additional protections for consumers conducting… Read More »
Eminent Domain in Florida
What is Eminent Domain? Eminent domain or condemnation is the power of the government to buy private property and convert it for public use. Its origins are rooted in the Constitution. The condition as mandated in the Fifth Amendment to the U.S. Constitution is “nor shall private property be taken for public use, without… Read More »
HOA Rules and Your Construction Project
How HOA Rules Can Affect Your Construction Project Many of us live in planned suburban developments. These developments are usually run by a Homeowners Association (HOA), neighborhood groups that develop rules and regulations to govern the common and visible areas of the property. These rules are agreed upon by the owner in the purchase… Read More »
Hiring a Contractor? Perform These Simple Checks to Minimize Legal Mishaps
As a property owner, you will, at one time or another, have the need to hire a contractor. Small projects are easily accomplished during a day’s visit and require little time investment. However, if you intend on starting a larger project that will involve weeks or months of tearing and building, it is imperative… Read More »
