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Melbourne FL Business & Real Estate Law Blog

Reputable contractors stand behind their work

There is a bit of time before hurricane season hits this area again. One thing that homeowners can do now is to find a contractor they trust so that if there is a big storm, they are prepared. All too often, Florida residents are taken advantage of by contractors who just see weather damage as a way to make money.

You should try to avoid having to find someone new to work on your home after the storm. If you find a contractor now, even if they only handle smaller jobs for you, it gives you a chance to find out if they are reputable. It can also give you an idea of the quality of work they do.

What gives way to wills and trust legal battles?

One of the many responsibilities of the executor of an estate is to take a decedent's many assets and to divide them up between their heirs. What you may not realize, though, is that it's this splitting up of money and property that often leads to contested wills and trust cases.

Wills and trusts are often contested by individuals and charitable entities that expected to receive gifts from the estate, yet they never did.

Agreeing on property boundaries with your neighbor

Property boundaries can seem insignificant when you first move into a property, but when you begin to start considering value maximization or when you are planning on selling the property, the importance of these issues will be highlighted. If you believe that your neighbor is encroaching on your land, you must address this directly and with a good understanding of the law.

No-one wants to become involved in a conflict with their neighbor over property boundaries. This is why you should approach the issue carefully. The following are steps you should take when trying to agree on property boundaries.

Picking a great commercial property: Key tips

When starting a new business, the survival odds for your company depend on a lot of factors: the quality of your goods or services, the demand for what you sell, the ability of the potential buyers to make a purchase at the price point, the amount of competition you face and much more.

One important thing to remember, though, often long before you really dig into these other topics, is simply that you need the right location. The commercial property that you choose could have a lot to do with whether or not your company is a success. Much of this success is short-term; after all, if the company flourishes and you need more space, you can always upgrade. But you have to get off on the right foot to set yourself up for that type of future.

Florida family says it was victimized by unscrupulous contractor

A Pinellas County man said his family has been victimized by a loophole in Florida law that allowed them to hire an allegedly unscrupulous and unlicensed contractor.

The man said he hired a contractor who presented a business card that included a state license number. The number belonged to a legitimate company, which is an umbrella company that allows other people to work under its "umbrella" license with proper supervision.

How trustees can help avoid facing lawsuits

When people are asked by a friend or loved one to administer a trust after they die, they generally don't consider the possibility that they could end up in court with family members (even their own), business associates of the deceased person, charities or other beneficiaries who don't believe the trust is being properly handled.

Trustees often don't have professional experience in handling the responsibilities they're tasked with. Too often, they don't seek the legal guidance they need to help them avoid becoming embroiled in trust litigation. Meanwhile, they're being watched by those impacted by the trust, with every move being scrutinized and criticized.

Red flags when looking for a contractor

You need a contractor to put an addition on your home in Florida. You have been interviewing people. Almost all of them assure you that they can do the job and they give you quotes.

Remember that it's not just financial. You want to make sure you hire someone who will do a quality job and stand by the contract they sign. Here are some red flags to watch out for. Even if the quote sounds good, do not hire a contractor who:

  • Tells you that there's really no need for a written contract. They'll probably seem nice and assure you that they're trustworthy, but why don't they want it in writing?
  • Demands to be paid everything in advance. This just sets you up for issues if they fail to complete the job. They already have your money.
  • Does not have a zero-tolerance policy for drugs and alcohol. You cannot have anyone on the crew under the influence at any time.
  • Does not communicate effectively. Maybe they won't tell you what the costs look like. Maybe they don't return your calls. Either way, don't hire them.
  • Talks about doing things outside of the contract or the scope of the project. You need someone who understands exactly what you want and what you agreed to -- and who you can trust to stick to those guidelines.
  • Works with subcontractors you don't trust. You need to know that every person on the job will do quality work.

Breach of contract insurance can benefit both parties

Contract law is an area that is misunderstood by many people. One thing that is often misunderstood is how the wording in a contract can impact the outcome of a case when the agreement is breached. It is imperative that anyone who is entering into a contract understands the depth of how this can affect the way the matter is handled.

Companies that enter into contracts a lot might need to secure liability coverage to help minimize the potential financial cost when the business is accused of breach of contract. This can benefit the company, but it can also benefit the party that's bringing the breach of contract case against the business.

Can a charity really sue you or your estate over a pledge?

It's not uncommon for individuals who are moved by a charitable organization's efforts to want to pledge their support to aid them in funding their future outreach. This is why many people set up charitable trusts or sign contracts promising to make a future contribution to a charity. Many of these nonprofit organizations will request that a donor places any oral pledges in writing. When charities don't get what's promised to them, they often file a lawsuit.

Many individuals who pledge money or assets over to a charity assume that they've simply made a promise to them. These donors don't tend to think that there's any consequence if they decide not to contribute. Such charitable pledges are governed by state contract laws though. This means that a charity can sue you or your estate to recover any amounts that they were promised.

Why do companies use non-compete agreements?

Non-compete agreements are fairly common, and many employees are asked to sign them when they take a job. "Asked" is perhaps putting it lightly. The employer tells them that they have to sign the agreement if they actually want to get the job.

The agreement essentially limits the person's options for a set time after they part ways with the company. It could be a year or five years, for instance. For that time, they cannot start their own practice or work for a direct rival.

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