Are you thinking about forming a limited liability company (“LLC”) in the State of Florida? If so, you should give strong consideration to having a written operating agreement in place to govern that LLC. That agreement will serve as the play book for your company and reduce potential conflicts amongst […]
Florida’s assignment of benefits statute affects homeowners and businesses alike, and both parties should proceed with caution when dealing with an assignment of benefits agreement. Indeed, section 627.7152 of the Florida Statutes codifies the requirements for a valid assignment of benefits agreement. See Section 627.7152 of the Florida Statutes. What […]
When you think of arbitration of disputes, one typically relates it to an agreement between parties, who have chosen that form of dispute resolution. However, in some cases, even parties that have not signed an agreement to arbitrate may be required to arbitrate their claims. Indeed, the Florida Supreme Court […]
In many condominium associations, unit owners sometimes question decisions made by the association’s board members. In Florida, those association board member decisions are governed by what is known as the business judgment rule. That rule affords broad protection to board decisions. One Florida court recently addressed the scope of the […]
When a tenant contracts for improvements to leased property, the property could be subject to construction liens. This can be particularly problematic for property owners when a tenant does not pay their contractor for those improvements. However, Florida law provides property owners with certain protections from these types of construction […]
When construction contractors in Florida are hired by a tenant to work on leased property, those contractors must understand their construction lien rights. In certain circumstances, those construction lien rights may not be as robust as the contractor thinks. This blog will provide an overview of a contractor’s lien rights […]
When lawsuits are filed, sometimes the prevailing party is entitled to attorney’s fees. As a general rule in Florida, those attorney’s fees may only be awarded if a statute or contract allows for them. See State Farm Fire & Cas. CO. v. Palma, 629 So.2d 830, 832 (Fla. 1993). For […]
It is a common question whether certain restrictive covenants, such as confidentiality agreements, are enforceable in Florida. A restrictive covenant is a contractual agreement or provision designed to protect a party’s business interests and restricts what a party is allowed to do after the agreement is executed. See Proudfoot Consulting […]
Once a contractor in Florida receives notice that an agency soliciting bids intends to award a contract to another bidder, the contractor may wonder why its bid was unsuccessful. If a contractor believes its bid should have been the winning one, Florida law allows the contractor to protest the soliciting […]
On July 1, 2021, Florida Senate Bill 378 takes effect and amends a number of Florida Statutes governing prompt payment on various types of Florida construction projects. These changes to Florida law result in increased penalties for withholding or misapplying construction funds by increasing interest rates on overdue balances and […]