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Melbourne FL Business & Real Estate Law Blog

Is it time for you to change or update your Florida estate plan?

If you have already taken the time to create an estate plan or a last will, you might think that you no longer have to spend any time, mental energy or money on your legacy and last wishes. Still, life never stops changing, which means you will have to deal with a large number of unexpected experiences.

Changes to your life or your family can mean that it's time to make changes to your last will or estate plan as well. Ask yourself the following questions to determine if a review or modification of your current estate plan is in your best interests.

What are the 6 primary types of construction delays?

Construction delays can be both inconvenient and costly for all parties involved. One project not being completed on time can become like a domino effect from the contractor's perspective. It can result in other jobs starting late. A homeowner may not have anywhere to move if their new home isn't finished by the expected deadline. Some construction delays are avoidable but not all of them are. There may be different legal remedies that you can pursue depending on how your delay is classified.

One of the first steps that you should take if a construction delay occurs is to determine whether it's likely to keep the project from being completed on time.

Know the types of damages you can claim in a breach of contract

When you have a contract with someone, you expect that they will abide by it completely. Unfortunately, there are times when contracts are breached. This can lead to legal action in an attempt to get the matter corrected. One thing that might happen is that the party who didn't breach the contract might choose to seek damages for the impacts of the other party failing to meet the terms of the contract.

There are two types of damages that might occur in these cases. The first of these is the compensatory damage. This includes any tangible money that the nonbreaching party is out of, such as a refund on a purchase or the amount of sales or income they missed out on earning because of the issue.

What should you take to your Florida real estate closing?

If your closing is scheduled in the next few days, then you've likely made it through the hardest part commercial real estate buying process. You've likely already shown proof of funds. If there were any inspections or due diligence analyses that needed to be completed, then that's hopefully already already been done too. Now, the final step that you need to take is to gather the necessary documents together to take to the closing.

Both the buyer and seller have different documents that they should bring with them to any commercial real estate closing.

What remedies exist in breach of trust cases?

Many Melbourne residents with means set up trusts to make sure that their estates don't have to pass through probate when they die. This can protect a decedent's loved ones from having to go through a long process to transfer or receive assets. This process isn't always conflict-free though. There are instances in which trustees fail to administer trusts appropriately. There are remedies that beneficiaries can pursue in these instances like this.

Title XLII of the Florida Statutes outlines how estates and trusts are handled in the state. Chapter 736 of the Florida Trust Code (FTC) outlines how a trustee must adhere to certain fiduciary duties including not breaching a beneficiary's trust in them. It also outlines the different remedies that apply if the trustee does breach their responsibilities.

Preventing and resolving general contractor disputes

General contractor disputes usually arise because of a lack of communication at the beginning of the project. If a dispute occurs, it is likely that one party made an assumption or misinterpreted the intentions of another. This leads to misunderstandings that eventually leads to tension.

As a person working with contractors, you should develop processes that prevent the occurrence of disputes. While prevention tactics can be successful to a high degree, an unforeseeable dispute could still arise. In this situation, strong resolution techniques need to be implemented. The following are some tips for preventing and resolving general contractor disputes.

Company sued for breach of contract over software

It may be noted that a strong legal tradition helps people and companies stay out of each other's way. But the law does more than protect people from each other. It creates the ways that people and companies can cooperate with each other to get bigger and better things done.

Contracts are a vital part of real estate transactions, corporate partnerships and other arrangements that may have increased risk for the people and parties involved. They can protect interests like intellectual property or liability exposure.

What are common remedies in breach of contract cases?

Breaches of contracts are common. Construction companies fail to complete their work on time, resulting in a homeowner moving into their house later than expected. A medical provider may neglect their duty to protect the privacy of their patients, breaching their agreement that they made with them. These are just two examples of how companies may breach contracts with their customers. There are many different remedies that a company may be ordered to pay when such an event happens.

One of the most popular types of remedies that exists in breach of contract cases is compensatory damages. This generally involves the violating party having to pay the consumer whatever amount is necessary so that they can pay to have someone else complete the job that the violator was supposed to have carried out.

Potential construction project problems

There are a lot of facets to consider when you have a construction project in the works. From the planning phase through the completion of it, you will work with various individuals and make many decisions. It is imperative that each step is handled appropriately because one misstep can impact the remainder of the process.

Many issues might creep up during the process. For this reason, you should be completely involved in each step. While the people working on the project should be watchful about what's going on, it never hurts to have an extra set of eyes.

Florida Building Codes help protect residents

The likelihood of hurricanes means that people in Florida must live in homes that can withstand the winds from these major storms. In order to do this, you count on contractors to ensure the jobs they do for you meet the current building codes for hurricanes.

The Florida Building Code is updated every three years to address risks that have been noted during storms that occurred during that period. It encompasses a variety of factors, including what type of windows are appropriate for areas where high wind velocity is likely. It also contains information about how roof structures should be erected.

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