Recent Blog Posts
Avoiding Trademark Infringement When Opening a New Business
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 »
CIVIL CONSPIRACY IN FLORIDA
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 »
Steps to Permitting a Home Construction Project in Florida
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 »
Florida’s 55 and Older Communities and the 80/20 Rule
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 »
Arbitration Clauses in Construction Contracts
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 »
INDISPENSABLE PARTIES IN FLORIDA LITIGATION
The terms” necessary” and “indispensable” parties are terms of art. Necessary parties are those who must be included in an action either as plaintiffs or defendants unless there is a valid excuse for their non-joinder. Undoubtedly it would be more appropriate to call such parties “conditionally necessary,” general modern usage preferred the shorter term…. Read More »
Common Business Disputes & How to Limit Litigation
Business transactions are complex dealings fought with legal issues that can land parties in court. Given the many moving parts of a business transaction, parties have to be cognizant of the aspects of a deal that can be contentious enough to create legal issues. There are a few issues that are heavily negotiated in… Read More »
YOU COULDN’T CLOSE ON THE FLORIDA PROPERTY, CAN YOU GET YOUR DEPOSIT BACK?
If you’re buying or selling real estate in Florida, the transaction almost always will require an earnest money deposit. This is an arranged amount of cash the buyer puts down to show that their interest is strong while working out the closing details. The money is held in what is known as an escrow… Read More »
Contractors vs. Subcontractor: Who is Responsible?
The construction transactional relationship between contractors and subcontractors can be quite complex when dealing with issues of negligence liability as well as injury to workers or third parties. Parties who seek to protect their interests can utilize a few legal strategies to avoid unwarranted liabilities. One way is by using a construction agreement to… Read More »
HOW TO AVOID PAYING TWICE AS AN OWNER DURING A CONSTRUCTION PROJECT IN FLORIDA
Imagine one morning you wake up and are drinking coffee in your new kitchen with the finest European appliances accompanied with the deepest deep blue granite with beautiful custom tile floors. You begin to think that you perhaps may have spent a little too much money on the kitchen, however, you’ve done your research… Read More »
