Widerman Malek Law Blog

Equifax Breach – Did They Fail to Comply with GLBA?

As is now widely reported, Equifax, a consumer credit reporting agency, suffered a data breach of staggering proportion. In the race to fully comprehend the ramifications of this breach, it’s worthwhile to consider what specific legal requirements Equifax must comply with when it comes to maintaining the secrecy of sensitive personal information. One law that […]

Contracting for Hurricane Repairs, A Primer

If you suffered damage from Hurricane Irma, you need to notify your insurance company immediately. If you are having repairs done at your home you need to: Ensure the work is being done by a Florida licensed contractor. If you are told a Florida license is not needed, confirm with your local building department. You […]

Lessons Learned from Construction Case Law

On July 21, 2017, the District Court of Appeals of Florida, Fifth District issued a decision that has a couple of key points for contractors to keep in mind when involved in a dispute with another party. Don Facciobene, Inc. v. Hough Roofing, Inc., involved a suit by a subcontractor to collect payment for installing […]

Statute of Repose Clarification

Contractors and subcontractors should be excited, okay, happy at least, that Florida’s Statute of Repose has been recently amended. WHAT IS THE CHANGE? The major change to Section 95.11, Florida Statutes (2017), is the start of the ten-year statute of repose period. The statute of repose sets the last day by which a suit must […]

Proper Notice to the Surety is Important

Most contractors and subcontractors know there are notice provisions in their contracts, but they are not always followed to the letter. The Eleventh Circuit Court of Appeals just sent a clear message that if you do not follow the notice and termination provisions of a bond, the surety may be off the hook. What is […]

A Full and Final Release Means What it Says

In two recent opinions, one from the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”), the Boards confirmed that a final release really means a final release.

What Every Florida Contractor Needs to Have in Their Contracts

Over the years, I have reviewed many estimates and contracts from various types of contractors and homeowners. In most cases, I have found that the contractor did not include several items required by Florida law to be in their estimates or contracts. These are:

Business Email Compromise (or CEO/CFO Impersonation Fraud)

According to the FBI, Business Email Compromise (BEC for short, or CEO/CFO impersonation fraud) have caused at least USD 3.1 billion in total losses to over 22,000 enterprises around the world. The FBI defines BEC as a sophisticated email scam that targets businesses working with foreign partners that regularly perform overseas wire transfer payments. The […]

New Montana Law Offers the Right to a Jury Trial for Criminal Property Seizures by Police

Montana has had some serious issues with police officers taking the property of its citizens when those citizens are prosecuted. Many citizens complain of being falsely charged with crimes, and then having their possessions taken by local police departments. That’s because current Montana laws allow police and prosecutors to seize property that’s expected to be […]

Teachers Fight to Get Guns Outlawed at University

There’s a new law in Texas that will soon allow teachers and students to carry firearms in schools around the state. That means that people will be able to carry right into a campus or a university. Professors Mia Carter, Lisa Moore, and Jennifer Glass are all concerned about the new law and are working […]

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