Monthly Archives: November 2011

Pulling Permits for Others – Putting your License on the Line

By: Christopher M. Cobb, Esq. and Austin Calhoun

If you have any type of contractor’s license, listen up! Being paid to use your contractor’s license to pull a permit for others may sound like a profitable proposition but is a transaction fraught with risk and one that you should avoid. The Florida Legislature enacted Section 489 to protect the public health, safety and welfare by requiring significant construction work be performed by licensed contractors. To ensure that work is completed by licensed contractors, Section 489, Florida Statutes, provides that certain acts, such as “renting your license,” may be prosecuted as crimes and the Construction Industry Licensing Board has multiple sanctions as its disposal. You, the licensed contractor, must have a contract to perform the work specified in the permit you pull; otherwise you are “renting your license.” Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Condominium Liens – How Safe Is The Harbor?

By Christopher M. Cobb, Esq. and Kristen Sinnott

One of the leading cases affecting condominium associations in Florida is Bay Holdings, Inc. v. 2000 Island Blvd. Condo. Assn., 895 So.2d 1197 (Fla. 3d DCA 2005). For a seemingly small opinion, the impact on condominium liens is worthy of discussion. Bay Holdings addresses the Florida “safe harbor” liability of first mortgagees for condominium assessment liens. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: ,

Recent Case Law Changes Common Procedure for Opposing Garnishment Exemption Claims

By: Kelly A. Karstaedt, Esq.

It is standard practice among attorneys practicing in Florida to sign the affidavit in opposition to a claim of exemption from garnishment on behalf of their clients. A case recently decided in South Florida has effectively changed the ability of attorneys to continue with such a practice. Now, a very strict interpretation of the garnishment statute may eliminate the ability of many attorneys to seek garnishment as a method of collecting on judgments.
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CATEGORY: Florida Business Litigation Blog Practice Areas:

Fraudulent Lien Claims under Florida Law

By: Charles B. Jimerson, Esq. and Alban E. Brooke

Florida’s lien law is an especially draconian area of the law. Filing a lien is an invaluable tool to help you as a contractor, sub-contractor or materialman get paid on a construction job. It can also get you into trouble unless the statute is strictly followed. Legislative amendments have softened the blow of fraudulent lien claims, but the statutes still carries heavy penalties Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: