Florida Litigation Blog

Business Law

Should You Draft Your Own Demand Letter or Hire a Lawyer?

When faced with unpaid invoices or disputes, many people wonder if they can draft their own demand letter. While it’s possible, there’s more to an effective demand letter than simply stating you’re owed money. So, how do you draft one that works? A well-crafted demand letter must be thorough, precise, and professional. It should address key elements that lay the foundation for resolution or, if necessary, legal action. Understanding how to write a demand letter is crucial in these situations.

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Business Law

BREAKING NEWS: Fifth Circuit Reinstates Preliminary Injunction Against Corporate Transparency Act

What Happened:On December 26, 2024, a merits panel of the U.S. Court of Appeals for the Fifth Circuit reinstated a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (CTA) by the Financial Crimes Enforcement Network (FinCEN). As a result, FinCEN issued an alert the following day, clarifying that reporting companies are not currently required to file beneficial ownership information (BOI) and will not face penalties for failing to file while the preliminary injunction remains in place. However,

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Collections/ Debt

Is Debt Overwhelming You?

Here’s What You Need to Know About Debt Management Companies and Your Alternatives  If you are an individual facing significant financial strain due to substantial debt, you are not alone. In fact, according to the U.S. Department of Labor, over 77% of American households are currently carrying some form of debt. TheManaging debt effectively is crucial, as the average American will accumulate a staggering $104,215 in debt over the course of their lifetime. (Source: Debt.org). With these numbers in mind,

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Construction Law

Enhancing Your Contract with Change Order Clause

   Construction in Florida is always constant. If you are a contractor, you know that when it comes to a new project, things are always happening and changing. Whether that be due to you client c hanging their minds, or delays in materials. That is why it is important to have change orders provisions in contracting contracts and understanding why they are important.  WHAT ARE CHANGE ORDERS?  First, we must learn what a change order is. Under Section 713.01(11) of

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Construction Law

THE IMPORTANCE OF A CERTIFICATE OF OCCUPANCY

Are you currently managing a residential or commercial construction project? Excited about its completion? One of the most important milestones in any construction project is securing a certificate of occupancy (CO). Before a project is considered complete, obtaining this document is essential. Certificates of occupancy fall under Section 553.791 of the Florida Statutes. WHAT IS A CERTIFICATE OF OCCUPANCY? A certificate of occupancy is a legal document confirming that a construction project complies with local building codes. It serves as

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Construction Law

Why Notice of Commencement is Crucial

As a contractor or construction professional, ensuring legal compliance is essential for starting and completing any project successfully. One of the most critical steps in Florida is filing a Notice of Commencement (NOC), a required document that safeguards your rights, clarifies responsibilities, and helps projects run smoothly. Understanding the importance of this document and ensuring it is correctly prepared can save you from costly disputes and legal issues down the line. In Florida, contractors must record a Notice of Commencement

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Construction Law

BUILDING PERMITS IN HOME RENOVATIONS: A COMPLETE GUIDE

Having thoughts about or planning to renovate your home? Whether you’re planning a small upgrade or a major overhaul, understanding the role of building permits is crucial for a successful renovation project. In this guide we will go over the role building permits have in home renovations. WHAT IS A BUILDING PERMIT? A building permit is an authorization for “any person, firm, corporation, or governmental entity to construct, erect, alter, modify, repair, or demolish any building within this state.” Florida

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Construction Law

Mechanic’s Liens in Florida

Are you a property owner or contractor in Florida? If so, it’s essential that you understand the importance of a mechanics lien. According to Section 713.001-713.37 of the Florida Statutes a mechanics lien sometimes called a “construction lien” is a legal claim on a home or property by a contractor or another who has provided labor or materials to the property and has not been paid.  In this comprehensive guide, we’ll delve into what mechanic’s liens are, how they work,

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Business Law

Construction Contracts: Key Clauses you Need to Know

Are you a Florida Contractor? It is important to know that a construction contract is one of the most critical parts. A construction contract ensures that you and your clients create terms and conditions that both parties are satisfied with and that will be followed. These contracts are meant to protect both you and your clients. Florida Statute 489.101-489.147 covers construction contracting. A well-drafted contract establishes the key terms and expectations to be followed by both parties. It also provides

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