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.
No matter how hard TV shows try, they are just not the reality they portray. Prime example is law related shows. First you have the crime or the incident and then you are in trial, the most exciting part. But what happens in the middle can be the deciding factor whether your case survives, settles, or […]
Why is the Timing of Substantial Completion so Important?
The contract is the first place to look to determine the specifics of when a certificate of substantial completion should be issued. Assuming it is the point where a certificate of occupancy (CO) is also issued, this means that the governing authority has to approve the building to be occupied and used for its intended use. At this point, the contractor will often prepare a list of items to be completed for the architect and/or engineer to review and inspect. The architect and/or engineer will prepare the certificate of substantial completion and set a deadline to complete the final items. Depending on the contract, this is usually the point where the owner will have to pay the “final” payment minus costs to complete the final items. This is the number one reason issuance of the certificate of substantial completion is so important to a contractor (and/or subcontractor).
I have been approached lately with the issue of oral modifications made outside the main written lease/rental agreement and what impact they have on the lease/rental agreement. Are they valid? Are they enforceable? If the landlord doesn’t live up to his end of the oral modification, do I have any recourse? What do I do? […]
If you have reached this stage, either the defendant did not fill out the Financial Information Form pursuant to the Florida Rules of Civil Procedure or the form was not attached to your final judgment. It has been over 30 days since the Judge granted your judgment and you haven’t been paid, no offers have […]
As discussed by on my June 6, 2013 blog, there are certain basic tools that you can utilize to try to collect on your judgment. In most cases, when I reference a judgment in this blog and any follow up blogs, I am simply referring to a money judgment. There are other types of judgments […]
Is your agreement binding and enforceable?
One question that has to be answered in nearly every breach of contract case is was there a contract or was there an agreement? Although this sounds simple enough, and often times it is, there are several different types of agreements and in Florida, there are several ways to make an agreement, modify an agreement, or make a counter-offer and you may not even realize you have done it. Black’s Law Dictionary has several definitions for a contract, and lists numerous types of contracts, but the basic definition is “[a]n agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.”
A dispute arises. You make the decision to take the party you believe to be at fault to court. You file the lawsuit, go through the process and either by default, summary judgment or a final judgment after a trial, the judge awards you a money judgment for your damages and costs. Your feeling really […]
Construction Liens, Landlords, and Tenants
A landlord can be liable for a construction lien (or mechanics’ liens) if the landlord fails to take proper precautions or fails to timely respond to a contractor or other lienor. An “owner” must sign the notice of commencement for construction or improvements to begin on a premises.
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