Category Archives: bLAWg

Considerations when Bidding on Public Construction Projects

Government contracts provide a remarkable business opportunity for the construction industry. With so many different agencies and perpetual projects, the government project arena offers a lot of opportunity to the right bidder. So what does it take to win a government contract? The answer: knowledge of the bidding process and the specific requirements for particular government agencies. This includes a working knowledge of the methods of pursuing a contract, specifications for each type of agency, and awareness of paths to disqualification. The process varies depending on the type of contract, the value of the contract, and the specific government agency pursued, so it is important to be aware of the rules governing the type of contract you seek. This post will outline the bidding process and touch on some important considerations contractors should be aware of when competing for public construction projects. Read Full Post

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Florida Homeowners Construction Recovery Fund

By Christopher M. Cobb, Esquire

The Florida Homeowners’ Construction Recovery Fund was created under Chapter 489, Florida Statutes as a separate account in the Professional Regulation Trust Fund. The recovery fund shall be funded pursuant to s. 468.631. Its purpose is to provide relief for Florida homeowners who have been harmed by licensed Division I contractors. This post will discuss the ins and outs of the Recovery Fund and who is eligibility to receive an award. Read Full Post

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Critical Vendor Payments: What Are They and When Do Bankruptcy Courts Authorize Them?

By Austin B Calhoun

Vendors are sometimes presented with customers going into bankruptcy. Vendors experienced in this dilemma are aware of preference actions pursuant to 11 U.S.C. § 547(b), whereby the trustee seeks to recover from the vendor all payments received from the debtor within the 90 day period prior to petition. There are various mechanisms and defenses a vendor can employ to block preference action recovery. One such tool is the critical vendor doctrine. This blawg examines the steps a vendor must take to successfully implement the critical vendor doctrine in Florida bankruptcy courts. Read Full Post

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An Overview of Condominium Defect Litigation in Florida

By: Charles B. Jimerson, Esq.

Due to poor mid-2000’s construction, the area of construction defect litigation is booming. Across the country, numerous owners are grappling with issues of shoddy construction and defective building materials. One of the most common reasons for defect litigation, aside from shoddy construction and poor workforce supervision, results from defective building materials that allow water intrusion. Unchecked water intrusion into the exterior walls of a building can cause pervasive rot problems within a few months following completion of a building. Due to the climate in Florida, this is an oft-diagnosed and litigated issue in Florida condominiums. Read Full Post

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Condo Association’s Demand to Access Units Must Be “Reasonable and Necessary”

By Hans C. Wahl, Esq.

The Florida Condominium Act provides that an association has “the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association.” Fla. Stat. § 718.111(5)(a). It is tempting for an association to interpret that language too broadly, possibly subjecting itself to liability if a unit owner’s objection to an association’s demand for access to his or her unit leads to legal action. That was the situation in the recently decided case, Small v. Devon Condo B Ass’n., Inc., No 4D10-2302 (Fla. 4th DCA April 2, 2014). This bLAWg post will discuss that case in which Florida’s Fourth District Court of Appeal made clear that a condo association’s demand for unit access must be “reasonable and necessary.” Id. Read Full Post

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The Differences Between Homeowners Association and Condominium Association Law in Florida – Part III: Construction Defects, Statute of Limitations and Liens

By: Charles B. Jimerson, Esq.

Our first post, the first of a three part series, discussed the differences between homeowners association and condominium association law in Florida pertaining to basic board operations. The second post discussed the differences between homeowners association and condominium association law in Florida pertaining to records inspections and alterations to property. This third, and final, post discusses certain differences between homeowners association and condominium association law in Florida pertaining to construction defect litigation and other issues regarding litigation. Read Full Post

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Special Assessments Levied After Recording the Claim of Lien for HOA and Condo Associations

The Florida Condominium Act provides the process for a condo association to file a foreclosure action for recovering a unit owner’s unpaid assessments. That process includes sending the required statutory notices to unit owners and recording a claim of lien for those unpaid assessments in the county’s official records. Once those pre-suit actions are satisfied an association may move forward with a foreclosure action if a unit owner has not paid the past-due amount owed.
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Debt Collection in Florida: Know the Rules

By: James O. Birr, III, Esq. and Sterling Spencer
When it comes to collecting a consumer debt, individuals, businesses and attorneys’ must be familiar with the Florida Consumer Collection Practices Act (“FCCPA”) and its federal counterpart, the Fair Debt Collection Practices Act (“FDCPA”). Like the FDCPA, the FCCPA protects consumers from abusive, harassing, and unfair debt collection practices. This post addresses Florida federal court case law as to damages for violations of the FDCPA and FCCPA, as well as recent changes to the FCCPA, effective October 1, 2014. Read Full Post

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The Differences Between Homeowners Association and Condominium Association Law in Florida – Part II: Records Inspections and Alterations to Property

By: Charles B. Jimerson, Esq.

Our previous post, the first of a three part series, discussed the differences between homeowners association and condominium association law in Florida pertaining to basic board operations. This post, the second of a three part series, discussed the differences between homeowners association and condominium association law in Florida pertaining to records inspections and alterations to property.
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The Differences Between Homeowners Association and Condominium Association Law in Florida – Part I: Board Operations

By: Charles B. Jimerson, Esq. Under Florida’s association laws, each type of community association differs from each other type of community association primarily in the manner in which each association and the association’s members own real property within the community. … Read Full Post

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