Earlier this year, there was a significant change to Florida’s construction laws that may have a bigger impact on property owners than initially anticipated. The statute of repose, which was previously set at 10 years, has now been reduced to 7 years with the passing of Senate Bill 360. The statute of limitations, along with […]
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 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 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 […]
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 […]
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 […]
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 […]
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
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.
