Monthly Archives: January 2012

Navigating the Ins and Outs of Liquidating a Small Business Administration Loan

By Kelly A. Karstaedt, Esq. and Charles B. Jimerson, Esq.

The Small Business Administration (“SBA”) has been providing small businesses with loans since its creation in 1953. Its mission statement is “…to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation.” It is clear that the strength of today’s economy is making liquidation of these loans more of a priority than in previous decades. Now, one of the most important pieces of information a bank should know about an SBA loan is how to properly liquidate it.
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CATEGORY: Florida Business Litigation Blog Practice Areas:

Top 5 Things You Should Know About Florida’s Construction Defect Statute

By Christopher M. Cobb, Esq.

Chapter 558 of the Florida Statues, otherwise known as “Florida’s Construction Defect Statute” requires an owner to send a written notice to contractors, subcontractors, developers, suppliers and design professionals which identifies any construction or design defects associated with a construction project. Florida’s Construction Defect Statute is a complex web of notices, cross-notices, deadlines and inspections which can be confusing to the construction industry and the lawyers who represent construction clients. Below are the top five things you should know about Florida’s Construction Defect Statute.
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CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Liening On Your Contract

By Christopher M. Cobb, Esq. and Kristen Sinnott, J.D. 2013

Construction liens under Chapter 713, Florida Statutes are complex and require careful attention. A construction lien will can be imposed on real property for nonpayment of labor and/or materials provided in the improvement of that real property. Florida Statute § 713.01 defines a “contract” as an agreement for real property improvement(s) which may be written or oral, express or implied, which also may include extras and/or change orders. Florida law requires a valid contract to exist, otherwise a construction lien cannot attach to the property.
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Revisiting a familiar law school hypothetical: Spouses cannot transfer marital homestead without spousal permission

By: Charles B. Jimerson, Esq.

Recently, we encountered a case reminiscent of a typical law school real property class hypothetical. Our experience with its prosecution inspired me to write a refresher on the law in this area for our readers. Our experience confirmed how we likely stood up in class and answered as a 1L- one spouse cannot transfer ownership of the marital homestead away from the other spouse without notice and permission from both spouses. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

A Speedy Foreclosure in Florida – Proper Utilization of Statute 702.10

By Austin Calhoun, J.D. 2013

It takes on average 600 days for a party to litigate a foreclosure through trial in Florida. Successful summary judgment motion practice may squeeze that time down to as little as 180 days. Even better, under the proper conditions, a diligent plaintiff can shorten foreclosure time down to less than 60 days by properly utilizing Florida Statute 702.10. If you’re interested in bypassing the foreclosure log-jam to obtain a speedy foreclosure – read on.
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