Recent Blog Posts
Avoid Unenforceable Construction Liens
Florida law permits contractors to file a claim against a property for work completed or for services furnished for which payment has not been made. The law is a rigorous one with strict filing deadlines and notice requirements. Contractors who do not follow the timing and notice requirements may be headed for forfeiture of… Read More »
LOSS OF CONSORTIUM CLAIMS IN FLORIDA
In Florida and many other states, loss of consortium is a legal phrase connected to personal injury and wrongful death lawsuits. Loss of consortium is a cause of action that family members of a person who is permanently injured or killed as a result of another party’s negligence may pursue. A surviving spouse, parents, children… Read More »
OSHA Enforcement and Florida State Construction Safety Laws
Construction is one of the most dangerous occupations. Workers are faced with daily dangers that cover a wide range of hazards including danger associated with falling items, falls, electricity, equipment, among many other hazards that are present on construction sites. The law that governs construction site safety in the United States are the federal… Read More »
Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the December Edition of the Broward County Bar Barrister, Current Issues Facing Broward County Court With the Honorable Robert W. Lee
Broward County is Florida’s second largest county with a population just under two million people, and the caseloads are among the highest in the state. Judge Robert W. Lee, as the presiding Administrative Judge of Broward County Court, has his finger on the pulse of everything that is going on with the thirty-two Judges… Read More »
INADVERTENT DISCLOSURES, ONE PARTY’S MISTAKE DOES NOT ALWAYS CREATE AN ADVANTAGE
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to… Read More »
Breach of Contract Under the UCC
Contracts made in the context of selling goods are treated differently than contracts made for services and other intangible transactions. The contracts made for the sale of goods are governed by the Uniform Commercial Code. The Uniform Commercial Code is a standardized set of laws and regulations for transacting business in the sale of… Read More »
TRANSFORMING APARTMENT BUILDINGS INTO CONDOMINIUMS IN FLORIDA
Condominium conversions have and continue to be a popular segment of the housing market in Florida. Basically, a condo conversion is the process in which rental buildings are converted into condominiums. However, many prospective buyers are unaware of the unique peculiarities established by condo conversions. Florida Statutes – Chapter 718 Condominiums – Part IV Conversions… Read More »
Bond Claims in Construction Law
In the construction industry, there are legal mechanisms to ensure that deliverables are met and are met on time. The mechanism of the surety bond is one such means of ensuring that the deliverables of the construction project are fulfilled. In definitional terms, a construction bond is a type of surety bond used by… Read More »
JUST A LITTLE OFF THE TOP: THE EQUITY SKIMMING SCAM
Florida homeowners have had much to feel good about due to the real estate recovery that has taken place since the housing market collapsed in 2007-08. But homeowners aren’t the only ones taking advantage of rising equity. Scam artists also have dollar signs in their eyes. Although the economy has been improving and home… Read More »
Waivers of Subrogation
Subrogation clauses are commonplace in construction contracts. These terms are a safe harbor for insurance companies who want to recover for policy dollars paid out as a result of injury, property damage and any other kinds of loss stemming from a construction project. These agreements are often between the insurance company and the prime… Read More »
