Monthly Archives: January 2013

Do you have a customer entering bankruptcy? Be sure not to violate the Automatic Stay

By Christopher M. Cobb, Esquire & Hans C. Wahl, Esquire

Section 362 of Title 11 of the United States Code provides for the Automatic Stay in all bankruptcy proceedings, including Chapter 7, 11 and 13 filings. The Automatic Stay is invoked immediately upon a debtor filing for bankruptcy and once invoked it instantly halts all actions by creditors to collect on pre-bankruptcy debts. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Notice of Commencements – Construction Law’s “Source Document”

By Christopher M. Cobb, Esq.

The Notice of Commencement is the most useful document for a contractor or subcontractor to obtain necessary information to perfect lien rights. The Notice of Commencement is referred to as the “source document”. A contractor or subcontractor who records a construction lien has the right to rely upon the information contained in the Notice of Commencement when attempting to perfect their construction liens. If the information in the Notice of Commencement is wrong, it will not invalidate the lien. The Notice must contain the following information:

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CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Compliance with New Florida Rule of Judicial Administration 2.516: E-mail Service

By Kelly A. Karstaedt, Esq.

A new rule set forth by the Florida Supreme Court last year altered the manner in which attorneys have been serving court papers by requiring service by electronic mail, or “e-mail.” Although the rule is fairly straight forward, this attorney has noticed that the majority of e-served documents received do not fully comply with the rule’s stringent requirements. So, let us review this new rule and see if we cannot clear up some of the most common mistakes in e-mail service.
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Construction Contracts – Recovery of Attorney’s Fees and Expert Fees

By Christopher M. Cobb, Esquire

Construction litigation is expensive. In many cases, attorneys’ fees comprise a large portion of the cost; however, they are not the only significant cost. Increasingly, expert witnesses are needed to address very technical design and construction means and methods issues. Many cases will require multiple experts. Expert witness fees increase dramatically depending on the volume of material to review, the number of depositions taken and the multitude of experts needed to prove the construction claim. These costs can reach into six figures in larger cases. The importance of being able to recover these costs if successful at trial cannot be overstated and starts at the beginning of the project when the parties are negotiating their construction contract. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: