The coastal states of the United States are fighting back against the Federal Emergency Management Agency (FEMA) for skyrocketing flood insurance rates. Mississippi filed the lawsuit against FEMA accusing the organization of basing their excessive high rate increases for the National Flood Insurance Program off incomplete data. Massachusetts, along with South Carolina and Louisiana are […]
Widerman Malek Law Blog
Is Family Dollar Violating Labor Laws?
Family Dollar is in legal trouble yet again. Fourteen former and current Family Dollar managers have filed a lawsuit against the company, claiming they were forced to work overtime without pay. The company already fighting a reopened lawsuit filed by female managers claiming they were paid less than their male peers is once again under […]
Government Sponsored Prayer Issue Revisited
This July marked the thirtieth anniversary of the Supreme Court’s decision in Marsh v. Chambers. Even with so much passage of time, the Supreme Court is again revisiting the separation of church and state with another decision on government sponsored prayer in Town of Greece v. Galloway. Marsh v. Chambers began after a state senator […]
Penn State and The Jerry Sandusky Case
The scope and horror of all the stories that were uncovered during the take down of Jerry Sandusky, the now maligned former assistant football coach at Pennsylvania State University, have parents across the country on high alert. While Sandusky sits in prison serving his 60 year sentence for his criminal conviction of involuntary deviate sexual […]
GPS Tracking Devices
Just a few weeks ago Philadelphia’s Third Circuit Court of Appeals handed down a ruling in United States v. Katzin that will effect the practices of local, state, and federal law enforcement agencies across the country. The Court decided that law enforcement agents need probable cause and a warrant before attaching a global positioning system […]
Hockey Civil Lawsuit
Most professional sports are rather strict when it comes to purposeful injury committed by one player towards another, hockey is historically not one of these sports. Kicking, hitting, and fighting among players is not uncommon, along with overenthusiastic fans getting into scuffles. While penalties, fines, and suspensions have increased over the years, player violence is […]
Filing and Terminating a Construction/Mechanic’s Lien
Filing and Avoiding a Construction/Mechanic’s Lien
Chapter 713, Florida Statutes addresses construction liens (otherwise known as mechanic’s liens) in Florida. The law in this area can be pretty straight forward so long as you know the statutes and can interpret some of the terminology, which can be a bit tricky and usually takes knowing the case law pretty well, i.e., it helps to have a lawyer’s help. In order to perfect a lien, the claim of lien must be recorded and state several items which are addressed in Section 713.08, Florida Statutes. Section 713.08(3) even provides an example form with the required warning.
Why is the Timing of Substantial Completion so Important?
Why is the Timing of Substantial Completion so Important?
The contract is the first place to look to determine the specifics of when a certificate of substantial completion should be issued. Assuming it is the point where a certificate of occupancy (CO) is also issued, this means that the governing authority has to approve the building to be occupied and used for its intended use. At this point, the contractor will often prepare a list of items to be completed for the architect and/or engineer to review and inspect. The architect and/or engineer will prepare the certificate of substantial completion and set a deadline to complete the final items. Depending on the contract, this is usually the point where the owner will have to pay the “final” payment minus costs to complete the final items. This is the number one reason issuance of the certificate of substantial completion is so important to a contractor (and/or subcontractor).
Keys to Mediation: What a party should focus on
Keys to Mediation: What a party should focus on
When you are participating in mediation, you are inevitably thinking about one of two things: What am I getting or What am I giving. Every once in a while, you might be thinking about both. As a mediator and as an attorney involved in tons of mediations, I have watched parties come into the mediation expecting the world, expecting to give up next to nothing, and occasionally expecting to meet somewhere in the middle. The latter expectation is the best, but I think it is rarer than the other two by far.
