CORPORATE DIRECTORS, FIDUCIARY DUTIES, AND THE BUSINESS JUDGMENT RULE
In the small business world, corporate directors are often also the owners of a corporation and thus, the two frequently become confused.
However, specifically within the small business context, it is important to note that...
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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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WHAT IS FRAUDULENT INDUCEMENT?
Fraudulent inducement in the state of Florida is a causative action that can be brought against someone who made misrepresentations of fact, caused another person to rely upon those misrepresentations, and then ultimately caused that person to undertake a course of conduct that...
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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 together with such a reckless,...
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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,...
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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...
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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...
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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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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...
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