There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More

This matter arguably falls under a "construction" defect claim. Florida law provides "in actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action...serve written notice of claim on the contractor, subcontractor, supplier, or design... View More

I am sorry to hear that. Unfortunately, these situations occur often with contractors. Florida law provides that you must provide the contractor with notice pursuant to the Chapter 558 process when there is a construction defect claim. Thereafter, the contractor is on notice of the issues and has... View More

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answered on Aug 31, 2024

To file a Motion to Dismiss based on defective probable cause, you should begin by thoroughly documenting all the details of the arrest, including any witnesses, lack of investigation, and the denial of your attempt to provide evidence. Gather all relevant documentation, such as property records... View More

Unfortunately, no attorney here on Justia can address the situation posed here without a review of the contract for purchase and sale and any agreement with the escrow/closing agent. In general, there is no prohibition on out of state buyers purchasing property in Florida, although recent... View More

For construction projects, the parties' rights and obligations are generally dictated by the terms of the contract or agreement. It will be difficult for any lawyer to answer this without reviewing your contract. Florida has a "prior breach" doctrine which can sometimes excuse one... View More

Unfortunately, no attorney here on Justia can review the construction loan agreement with the bank and/or the construction agreement with the contractor as to the terms and conditions and whether the release of the funds was a breach of the agreements. As with many issues relating to construction... View More

Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides that no combination of... View More

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answered on Mar 31, 2024

I understand your frustration with the ongoing construction and the negative impact it's having on your quality of life in your apartment. The early morning noise, dust, and inability to open windows are all valid concerns. Here are a few steps you can consider taking:

1. Review your... View More

In general, when a person entitled to record a construction lien is in privily with the property owner, no notice to owner is required as a precondition. Again, in very general terms, the right impose a construction lien is based upon services performed under the contract's particular scope... View More

Unfortunately, issues like this need to be run by experienced construction counsel who can analyze the very specific facts, any applicable contract provisions, and statutory requirements.

As a legal matter, as a general rule, change orders which form part of the main contract have little... View More

Unfortunately, you are in similar shoes to many in Florida who find themselves dealing with pool contractors who may have over promised, under performed, and often the homeowner finds themselves with a big hole in the ground and not much else.

The further unfortunately, is that while... View More

Buying and selling property, especially new construction, without a real estate lawyer. I know that doesn't help you now and you will need to hire a real estate litigator or a construction law litigator to review your documents related to the sale and construction to get this resolved. The... View More

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answered on Dec 9, 2023

You are describing construction lien law.

The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation... View More

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answered on Dec 5, 2023

In your case, where the contractor did not fulfill the agreed-upon terms regarding the flooring installation and staining, you have a few options to consider. First, document everything related to the contract: your initial agreement, any communications about the color matching, and the issues with... View More

Typically, the contractor is responsible for ensuring the work meets the plans and specifications and scope of work for the project. This situation sounds as if this contractor is somehow trying to shift the responsibility for supervising the quality of work on you, the homeowner. Unfortunately,... View More

Unfortunately, there is no exception in Florida statutes to the one year owner builder residency requirement for "family emergencies". The exact language of the statute provides that "proof of the sale or lease, or offering for sale or lease, of any such structure by the... View More

I am sorry to learn of this truly unfortunate situation. Needless to say, there are many moving parts resulting from this complex fact pattern, including the property damage to the home, the damage to the existing shell and voiding of the warranty, never mind the fact this entity appears to have... View More

In general, all qualifying agents' licenses should be publicly available on the DBPR's website, although there is the possibility that the application is in process or has not yet been posted due to administrative lag. While there is zero factual context for this question,... View More

There are attorneys who specialize in contractor licensing issues. One such lawyer is Chris Cobb of Cobb Gonzalez in Jacksonville. Chris regularly presents continuing legal education to other construction counsel on licensing issues and is well respected in this area of law.