Monthly Archives: June 2013

Top 5 Construction Mediation Tips and Techniques: Tip #5- Draft your settlement documents in advance of the construction mediation.

The fifth installment in a five part series entitled “Top 5 Construction Mediation Tips and Techniques.” The Blog posts from this series are intended to be cumulative and should be reviewed as a whole in order to fully receive the message of the author. My fifth and final construction mediation tip is to draft your settlement documents in advance of the construction mediation so that you are not racking your brain trying to compose key language for a binding legal document late at night after trudging through a long day of hard-nosed negotiations. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Top 5 Construction Mediation Tips and Techniques: Tip #4- Take your construction mediator selection, pre-mediation conference, mediation statement and mediation presentation seriously.

Please allow this Blog post to serve as the fourth installment in a five part series entitled “Top 5 Construction Mediation Tips and Techniques.” The Blog posts from this series are intended to be cumulative and should be reviewed as a whole in order to fully receive the message of the author. This post will focus on the importance of participation in the pre-mediation process. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Top 5 Construction Mediation Tips and Techniques: Tip #3- If there are reasons why your case may not settle at a construction mediation, understand them in advance.

The third installment in a five part series entitled “Top 5 Construction Mediation Tips and Techniques.” The Blog posts from this series are intended to be cumulative and should be reviewed as a whole in order to fully receive the message of the author. This post will focus on the importance of understanding barriers to settlement and overcoming those barriers. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Florida Statute 558.0035: Limiting Design Professional Negligence

Starting July 1, 2013, a new Florida Statute will allow businesses to limit, by contract, their employee’s liability for professional negligence claims. Senate Bill 286 and Florida Statute Section 558.0035. The new statute applies to business entities architects, interior designers, landscape architects, engineers, surveyors, and geologists. The business entities that will be able to utilize the provisions of the statute include corporations, limited liability companies, partnerships, limited partnerships, proprietorships, firms, enterprises, franchises, associations, trusts, and self-employed individuals, whether fictitiously named or not, doing business in the State of Florida. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Top 5 Construction Mediation Tips and Techniques: Tip #2- Know your case well. Know their case better.

The second installment in a five part series entitled “Top 5 Construction Mediation Tips and Techniques.” The Blog posts from this series are intended to be cumulative and should be reviewed as a whole in order to fully receive the message of the author. This post will focus on the importance of knowing your case and that of your adversaries. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Top 5 Construction Mediation Tips and Techniques: Tip #1- Ensure you and your client fully understand what mediation is and what its benefits and purposes are.

Any significant piece of construction litigation will at some point be mediated in advance of trial. Florida Statute 44.102 provides for a court-ordered mediation and sets forth the main reasons why a construction mediation case should be mediated, both from the party’s perspective and the court’s perspective. Namely, mediation offers an opportunity for a third party neutral to encourage and facilitate the resolution of the dispute amongst the parties. The parties in large construction defect or contract litigation cases often become so embroiled in the daily minutia of winning small discovery or motion practice battles that the opportunity to share a complete overview of their triable case with an independent third party construction mediator and all of the parties involved in the matter will serve as a chance to refocus the case on the major issues and monetize those issues to refined damage calculations in preparation for trial. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Mandatory Provisions in Residential Construction Contracts

In Florida, contracts for residential construction must include certain provisions required by statute. This article identifies and examines these mandatory provisions. A prudent residential contractor needs to be aware of these requirements of Florida Statute and include all applicable provisions in his or her contracts. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Collecting Accounts Receivable Part III: Obtaining a Judgment Against a Delinquent Customer

This Blog is Part III in a series of Blogs designed to provide business owners with a high-level overview of the legal process for collecting on past-due accounts receivables. Specifically, Part III focuses on the actions a business owner should take immediately upon obtaining a final judgment against a delinquent customer. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Association Board of Directors Eligibility According to Florida Law

When it comes to community associations, nothing generates more conflicts and disputes than a hotly contested election for the association’s board of directors. Most often, the debate involves whether or not, under Florida law, a certain individual is even eligible to serve on the association’s board. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: , ,

Records retention policies for Small and Mid-Sized Businesses: Part Two- Abiding by your policy and honoring the litigation hold

In Part One of this Blog post, we focused on what document retention policies are, who should have them and what documents should be kept for what length of time. Please click here to review Part One. In Part Two of this Blog post, we will focus on what the legal ramifications of failing to comply with your document retention policy are, with special attention given to responsibilities of the retaining company once litigation is anticipated or underway. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: