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Melbourne FL Business & Real Estate Law Blog

Finding a legal remedy for breach of contract in Florida

There is no question that contracts hold an important place in business dealings between different entities. Having a solid contract in place can help parties avoid disputes altogether or provide a foundation upon which to resolve them. Unfortunately, when one or more parties breach a contract, it muddies the water for everyone.

Even when a contract is well drafted and properly addresses any potential areas of conflict, it could still be broken. What we want our Florida neighbors to understand is that the law offers a choice of legal remedies that could make damaged parties whole once more.

Types of construction liability in Florida

Florida is undergoing a construction boom as real estate properties tries to keep pace with the burgeoning economy. This trend is especially noticeable near the urban centers of central and southern Florida, where many different types of construction projects are providing thousands of units of housing and commercial space.

Large and complicated projects require several subcontractors to complete the different elements and systems of new buildings. If something goes wrong during a project or in new construction, a construction litigation case seeks to find the responsible party and have them rectify the problem.

Condominium owner discovers serious problem

Melbourne, Florida, is known to be a popular place for real estate development. The area has an array of properties for both permanent residents and those visiting the state as tourists or on business. When something is seriously wrong with one of those properties, one or more affected parties may pursue real estate litigation. That happened recently over a condominium in Coral Gables that was overrun by rodents.

A man who bought a unit in the waterfront condominium is suing the previous owner, the listing agent and the brokerage involved in the transaction for breach of contract, fraud and negligence. The condominium association, the inspection company and the appraisal company connected to the condominium are also named as defendants.

Resolving construction disputes via arbitration and litigation

Although you might hope a construction project will be completed in accordance with the contract without any major problems creeping up, this rarely happens. It's often because big bucks are at stake and neither side wants to budge that disputes arise.

Most contracts with contractors spell out how disputes should be handled. Oftentimes the first step both parties must try is mediation. This nonbinding dispute resolution option involves the two parties coming together with an impartial mediator to see if they can work out a fair agreement.

Avoid conflict by discussing your intentions with heirs

Perhaps you have a complex family situation. For example, you might have a second spouse and stepchildren plus children from your first marriage, one of whom has special needs. You have a primary residence and a vacation home, investments, retirement accounts and a good income.

Now you are thinking about your will and how you should distribute your assets. Not everyone will be happy about their inheritance, and you are wise enough to know there is potential here for a family feud. Your best move is to head off a dispute before it even has a chance to begin.

Be careful when you hire contractors for rebuilds and renovations

Construction defects are an issue for some people who have their homes renovated or repaired. These defects can come from shoddy materials or subpar workmanship, but the result is the same. The home might not be safe to live in and the work might all have to be redone again.

When you suspect that you have a construction defect that needs to be remedied, you have two time limits that you have to think about. One is the statute of repose, which is a time limit based solely on the amount of time that has passed since the job was done. The other is the statute of limitations, which is based on the amount of time since you noticed the issue.

Managing the process of buying a commercial property

Florida's burgeoning and diverse economy includes a huge amount of real estate, from store lots in Miami to large farms outside Orlando. Residential real estate transactions occur faster every year, and commercial property sustains businesses through owners and generations.

Attorneys with commercial real estate experience are fully aware of the complexities of commercial property purchases and sales. Buyers, sellers, real estate agents, lenders and business owners may avail themselves of legal representation to avoid later disputes and losses.

Trust litigation can arise in charitable gift giving

Setting up a charitable trust gives Florida residents a way to give back to their community or support a worthy cause. A charitable trust allows the decedent to continue supporting his or her favorite charity in an organized manner. However, disputes may arise that threaten the charity's access to its financial gift and may even lead to trust litigation.

In most cases, the entity or individual that challenges a trust does not do so in a malicious manner. Rather, this person or organization simply wants to ensure the decedent's wishes come true. In our Melbourne-based practice, we have seen that many cases of charitable trust litigation arise from the desire to do good. However, we also know that charitable organizations have a right to protect their interests.

Man challenges homeowner association election for second time

A man from Poinciana Villages is challenging the results of a recent homeowners' association election. At stake could be the right for homeowners to be on the association's board of directors, to know exactly how the homeowners' association fees are spent and how the neighborhood is governed by the association.

February election results this year were nullified by the Florida Department of Business and Professional Regulation. It seems that the developers of the area were allowed to vote thousands of times for undeveloped lots that they still own in the neighborhood. The man alleges that the developers were allowed to do the same thing in the August election. A previous ruling by a Polk County Circuit Court judge allowed the developers to vote based on how many houses they can build on each acre.

Will a contractor leave you in the lurch after Irma?

Whether Irma was your first hurricane or your fifth, the experience is one you will long remember. Outside of the welfare of your family, your first priority will be to take care of any property damage the storm might have caused and make sure your home is safe and secure again.

After a natural disaster strikes, homeowners seek the help of local contractors whose schedules quickly fill up. This means you might have to turn to workers who come in from out of town or even out of state. You will probably have concerns about skill level, experience, reliability and fees for proposed work. How can you mitigate the risks involved with hiring someone you do not know?

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