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Widerman Malek Law Blog

Five Widerman Malek Attorneys Selected as 2021 Florida Super Lawyers and Rising Stars

Widerman Malek is excited to announce that five of our firm’s attorneys are honorees for the 2021 Florida Super Lawyers and Rising Stars list. Each year, no more than five percent of lawyers in the state are selected to appear on the list of Florida Super Lawyers, and no more than 2.5 percent are selected […]

Widerman Malek sponsors National Association of Women in Construction (NAWIC) 2019 “Block Kids” competition

Widerman Malek is proud to be the Breakfast Sponsor for the 2019 “Block Kids” competition sponsored by the National Association of Women in Construction (NAWIC). The Block Kids Program is a national building competition sponsored on the local level by the Space Coast Florida Chapter, NAWIC (National Association of Women in Construction). The program introduces […]

Join the Contractors University on September 19!

Join Board certified construction attorney, Ed Kinberg, for the upcoming Contractor’s University. 9:00 a.m. to 1:00 p.m., with breakfast starting at 8:30 a.m. September 19, 2018 Hilton Melbourne Rialto Place 200 Rialto Place, Melbourne, Florida 32901 Contractors University promises to deliver practical advice on construction business practices. Rather than standard legal presentations, the University is a collaborative […]

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 […]

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 […]

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:

Paying the Debt of Another

Paying the Debt of Another

A question arose not too long ago about whether paying the debt of another would require continued payments. In other words if company A pays company B’s existing creditor for one month, or even several months, does company B now have an obligation to continue paying company A’s creditor? If company B does have an obligation, then the creditor can likely come after company B for company A’s debt should both companies fail to make a payment.

Neglected Fire Escape Collapses Killing Albert Suh

Last month’s fire escape collapse in Rittenhouse Square Philadelphia left one man dead and two women seriously injured. The roomates, Albert Suh, a 22-year-old financial analyst, Laura O’Brien, a 24-year-old kindergarten teacher and 22-year-old Nancy Chen, were throwing a birthday party when around midnight, they went out onto the corroded stairwell to smoke a cigarette. […]

Filing and Terminating a Construction/Mechanic’s Lien

Filing and Avoiding a Construction/Mechanic’s Lien

Chapter 713, Florida Statutes addresses construction liens (otherwise known as mechanic’s liens) in Florida. The law in this area can be pretty straight forward so long as you know the statutes and can interpret some of the terminology, which can be a bit tricky and usually takes knowing the case law pretty well, i.e., it helps to have a lawyer’s help. In order to perfect a lien, the claim of lien must be recorded and state several items which are addressed in Section 713.08, Florida Statutes. Section 713.08(3) even provides an example form with the required warning.

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