Monthly Archives: September 2018

Handling Delinquent Customers: Legal Action and Collection Methods, Part I

Often times the most challenging part of operating a business is ensuring you’re getting paid for your efforts.  As a business chugs along month after month, it’s inevitable that a stack of past-due accounts receivables eventually grows.  This is an … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Commercial General Liability Insurance In The Construction Industry

What policy exclusions are included in your commercial general liability insurance (“CGL”) policy?  If you do not have coverage, one mistake by an employee or a subcontractor, working on your behalf, can devastate a business.  The insurance industry can be … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Mortgage And Note Default: Avoiding Usury Allegations

Under Florida law, there are maximum interest rates that lenders may charge. Any loan with interest in excess of the specified limit is subject to either civil or criminal usury, which means that the lender may have to pay significant … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Do Homeowners Have A Duty To Disclose Potential Eminent Domain Proceedings When Selling Their Property?

In many cases, property owners become aware that eminent domain proceedings will affect their property, but owners are often surprised to learn how long the process takes.  Major government projects can take years of budgeting, engineering, and planning before the … Read Full Post

CATEGORY: Florida Eminent Domain Law Blog Practice Areas: ,

Are Actual Fraudulent Transfer Judgments Dischargeable In Bankruptcy?

While bankruptcy proceedings generally allow individuals an opportunity to discharge many different liabilities, there are some classes of liabilities—such as those involving fraud—that are not dischargeable in bankruptcy.  The Bankruptcy Code (“Code”) prohibits the discharge of “any debt . . . for money, property, … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Fraudulent Transfers 101: What You Need To Know When Following The Money Trail

The debt collection process is based upon a creditor’s right to repayment from the liquidation of a debtor’s assets.  In Florida, there are many judicial procedures available, which allow creditors to identify, seize, lien, levy and force the sale of … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Construction Contracts: Arbitration and Venue Provisions

Many construction contracts for Florida projects contain arbitration provisions that require venue in a state, other than Florida.  The term “venue” refers to the location where litigation will take place, in the event a dispute arises.  Although Florida has a … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

An Insider’s Perspective On Navigating The Florida DBPR Regulatory And Professional Boards

Many business and industries in Florida find it necessary to obtain some form of license in order to conduct business in this state.  Florida’s Department of Business and Professional Regulation (“DBPR”) is the state agency in charge of licensing and … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Florida Construction Liens: First Furnishing. What does it mean?

The Florida Construction Lien Law can be a contractor’s best tool for getting paid in full.  While the Lien Law ultimately helps ensure full payment for contractors, it is not always clear regarding the procedural requirements for perfecting lien rights.  … Read Full Post

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Magnuson-Moss Warranty Act And Arbitration Agreements

Consumer products often include some form of written warranty. Depending on the type of product, that written warranty may be governed by the requirements of the Magnuson-Moss Warranty Act (“Magnuson-Moss Act” or “Act”).  The Magnuson-Moss Act was enacted to protect … Read Full Post

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