
Florida Contractor Disputes Involving Unreasonable Deposits
Hiring a contractor for home repairs, renovations, or construction projects is often a significant financial and emotional investment. Unfortunately, disputes sometimes arise when contractors fail to uphold their responsibilities, particularly when large deposits are involved. At Boatman Ricci, we frequently assist clients in resolving these disputes and protecting their rights under...
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THE HEALTH OF A TREE WHEN IT FALLS DETERMINES LIABILITY UNDER FLORIDA LAW
“Get your tree off my property!” screamed one clearly stressed out neighbor to another. “Really?” Replied the other neighbor. “It fell on YOUR property, so it’s YOUR problem!”
While it’s fantastic to see neighbors helping...
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WHAT IS A FRAUDULENT LIEN AND WHAT ARE THE PENALTIES FOR FILING ONE?
A fraudulent lien is one that is calculated either with an intentional effort to inflate the lien, or if it includes materials or services that were not actually provided on the job, or if it's put...
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WHAT IS CONSTRUCTION LIEN?
A construction lien is a lien placed against a piece of real property that has been improved by a contractor, a sub-contractor, or a materialman. Any of those parties, if they feel like they have not been fully compensated for efforts they provided, can record...
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WHAT CAN CAUSE A DEFAULT AND ACCELERATION IN A COMMERCIAL MORTGAGE?
Default and acceleration in a commercial mortgage will often happen just as a function of the debtor's failure to pay the payments when due. Beyond that, sometimes the debtor will try and transfer the title to the property, or the creditor may make the determination...
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WHAT IS A CONSTRUCTION DEFECT?
A construction defect is a failure in workmanship either defined by industry standards or the Florida Building Code. It's important, if you believe that you are facing a construction defect, that you consult with an attorney who is familiar with Chapter 558. There's an entire...
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FOR THE PRACTITIONER: BEAT THE ENTRY OF AN ORDER OF DISMISSAL POST-HEARING
For the Practitioner: Beat the Entry of an Order of Dismissal Post-Hearing My name is Jim Boatman. I’m a commercial litigator practicing out of Naples, Florida. I came across an interesting issue in the Florida Law Weekly for February 2, 2018. It came out of 3rd District Court of Appeals in the...
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HURRICANE IRMA AND “FRUSTRATION OF PURPOSE”
Hurricane Irma has affected Southwest Florida in many different ways.
For some, their business plans have been shattered as a result of the devastation. Such shattered...
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FHA FORECLOSURE MORATORIUM
The U.S. Department of Housing and Urban Development (HUD) has announced relief for those affected by Hurricane Irma. HUD has announced several different programs for relief. These may be of some help to you:
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HURRICANE IRMA: WHEN AN “ACT OF GOD” MAKES CONTRACTUAL PERFORMANCE IMPOSSIBLE
Before Irma was even on the minds of Southwest Floridians, life was as normal and business was as usual. People, as they normally do, entered into contracts: contracts for construction of homes, purchase or rental of homes, maintenance, landscaping, remodeling, and anything else you...
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