Monthly Archives: October 2011
By: Christopher M. Cobb, Esq.
Generally speaking, a “Notice to Owner” is a statutorily required notice which lets Owners of construction projects know who is working on the project. It is effectively just that….a Notice to the Owner. The Notice is required by Florida’s Construction Lien Law and must contain certain warning language, the Owner’s name and address, a description of the materials or services provided and a description of the real property improved. The form for the Notice can be found verbatim in Fla. Stat. § 713.06(2)(c). The Notice does not act as a cloud or encumbrance on the title of the Owner’s real property and must be served by certified mail or hand delivery with proof of the delivery either: (i) before commencing work or (ii) within 45 days of your first furnishing labor, services or materials to a construction project. Read Full Post
By: Charles B. Jimerson, Esq. and Kelly A. Karstaedt, Esq.
It is common knowledge in the legal community that the Statute of Frauds can preclude recovery on an action for breach of contract. However, claims for breach of contract are typically accompanied by some alternative claim should the court find that the contract was unenforceable, such as restitution or quantum meruit. That begs the question of whether the Statute of Frauds would apply to such an alternative claim not based on the purported contract. Read Full Post