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Recent Blog Posts

Contract3

Special Laws Govern Construction Related Venue Provisions in Contracts

By Sweeney Law, PA |

In a business or a construction contract, your agreements may look like they have covered all the bases. But have you thought of where a lawsuit would be filed, if your construction contracts need to be enforced (or where a lawsuit would be filed, if it was filed against you)? This question may be… Read More »

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Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the October Edition of the Broward County Bar Barrister – Florida Commercial Leases and the Effects of Force Majeure Clauses in the Era of COVID-19

By Sweeney Law, PA |

Our country is experiencing one of the most unprecedented events in modern history. Businesses throughout the country and Florida are feeling the economic impacts as governmental regulations, aimed at curbing the spread of COVID-19, have made it difficult to continue normal operations. This economic turmoil has business owners asking one common question: “If my… Read More »

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Litigation5

Avoiding Permitting Violations

By Sweeney Law, PA |

If you are a contractor, you probably are aware of the permits that you need to obtain and keep current, in order to keep working and practicing in Florida. However, it may be helpful to have a more complete and accurate understanding of what is required of you. The Permitting Requirements Vary The Florida… Read More »

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ConstrProject

Fraudulent Construction Liens in Florida

By Sweeney Law, PA |

According to the National Commercial Real Estate Development Association (NAIOP), Florida ranked 6th in 2019 in commercial construction spending. With the instability that the pandemic has brought in 2020, many projects have been put on hold or have been changed, leaving the parties in payment disputes.  What is a Construction Lien? The term mechanic’s… Read More »

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Litigation3

What to Do When You Get an OSHA Violation (Before Litigation)

By Sweeney Law, PA |

Construction sites often involve accidents, as much as employers try to avoid them, and despite best efforts to keep a construction suite as safe as possible. When any kind of accident happens there can be investigations by the Occupational Safety Hazard Administration (OSHA). If your business or company is subject to an OSHA investigation,… Read More »

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Dock

Florida Court Apportions Liability in Dock Construction Injury Case

By Sweeney Law, PA |

Construction accident cases often involve claims of liability alleged against owners, contractors, and subcontractors. Recently, in a case brought by an individual who was injured walking on the edge of an unfinished dock that was under construction, a Florida District Court of Appeal was called on to apportion liability among these parties. What Happened… Read More »

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ConstructLitig

How to Handle OSHA Violations After a Complaint is Filed

By Sweeney Law, PA |

Recently we wrote about how to handle the initial stages of an OSHA complaint. But assuming you do not want to agree to the violation, pay the fine, and of course fix whatever you were cited with—which may be a viable option, depending on the severity of the violation, and the cost of fighting… Read More »

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Legal14

Florida Commercial Leases and the Effect of Force Majeure Clauses in the Era of COVID-19

By Sweeney Law, PA |

Our country is currently experiencing one of the most unprecedented events in modern history. Many businesses throughout the Country and the State are feeling the economic impacts as government regulations, aimed at curbing the spread of COVID-19, have made it difficult to continue normal operations, or have caused businesses to shut down indefinitely. This… Read More »

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ConstTable

Florida’s Consultants’ Competitive Negotiation Act

By Sweeney Law, PA |

When public entities hire professionals who provide engineering, architecture, surveying, mapping, and landscape architecture, a Florida law known as the Consultants’ Competitive Negotiation Act (CCNA) may come into play. Florida’s CCNA is based on a federal law known as the Brooks Act, which also provides for a specific qualification based selection process that is… Read More »

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Litigation6

Florida’s Advice of Counsel Defense and Recent Developments

By Sweeney Law, PA |

The affirmative defense of advice of counsel is a well-established defense, in some circumstances, under Florida Law. A recent development, however, expands the availability of the defense to some Bar disciplinary proceedings. In effect, the defense is used to shift liability away from the defendant for an alleged wrongful action. Generally, to state such… Read More »

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