Melbourne Legal Blog


Construction defects are heavily litigated areas of law. Constructing a building is complicated and a handful of mistakes can bring the entire habitability or integrity of the building down. Construction defects are thus a heavily contested area of the law determining (1) if there is a defect and (2) who is responsible for it. This […]

Most states do not require an attorney to be part of the closing process of a real estate deal. Usually, a broker is sufficient. But, depending on the complexity and size of the contract, you may want a lawyer present to address any last-minute problems before you ink the contract. This post will go over […]

A construction defect claim arises when there is something fundamentally wrong with the construction of the building, and the defect is rendering the building unsafe or unusable for the intended purpose. Construction defect claims can be brought against any party that is responsible for the issue, the developer, general contractor, or sub-contractor. A previous post […]

The latest concerns about the President’s possible entanglements overseas through his businesses has revived the debate over blind trusts. There are many types of trusts; some are designed to accomplish discrete goals, for example, caring for family members or to invest a university endowment. Others are designed to relieve people of conflicts of interest, the […]

Leases are long, comprehensive, and complex documents; as well they should be. Most leases lock you into a contract for a year or more. The last thing you need is a lease that is poorly constructed and leaves you vulnerable to lawsuits. As discussed in a previous post, you need to carefully include all necessary […]

Most disputes arise because there is a misunderstanding between the parties. For instance, one party might have expected property values to increase when they agreed to construction. Unfortunately, they cratered now the other party wants out of the agreement because their assumption did not come true ? not because they are inherently bad. A previous […]

It might sound ridiculous, to sue or litigate over mold. Mold seems like an easy enough problem to solve, clean it out or toss the infected areas. Unfortunately, in new constructions, mold is rarely discovered before it catastrophically penetrates into the building. Additionally, depending on the type of mold, it could be a health hazard […]

Let’s say you are engaged in real estate litigation. You are trying to purchase a piece of land and attendant structures, but the other party backed out of the agreement at the last moment, after you agreed and fulfilled all other terms, including paying the first few installments. You sue, you win and prove that […]

Many people, even in their 20s and 30s, are thinking about how to manage their wealth when they are gone. There are numerous options from wills, to gifts, to trusts. A popular tool is the “revocable trust.” A revocable trust is a separate legal entity that you create and manage during your life. When you […]

To a certain extent, developers rely on their contractors to deliver a finished building that is safe, up to code and free from defects. Defects in a structure can sink an entire deal because no one wants to assume responsibility for a building that does not meet safety or permitting standards. Additionally, a defective building […]

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