Bonds hold a certain mystery for the uninitiated, and not for nothing. But they’re not so complicated, and at their essence, they’re no more than contracts. The basis of any bond is that a surety (the party posting the bond) guarantees to pay if the principal (usually the contractor) defaults on an obligation. A key […]
Widerman Malek Law Blog
What is Construction Law?
What is Construction Law?
Construction law is really a form of contract law, but a very complex and technical form of contract law that has many additional twists and turns. It can also include tort claims, as in the case of construction defects or negligence. Construction law for starters involves some form of design or construction project. The parties involved range from owners to architects and engineers to contractors and subcontractors with several parties in between.
Mediation-is it a good idea?
Mediation-is it a good idea?
By: Eric L. Hostetler
Mediation can either be voluntary or ordered by the court, depending on the jurisdiction. Mediation is becoming more and more common in small claims cases as the court will provide Supreme Court approved mediators to discuss your case after the pre-trial conference. In most circuit court cases, the Judge will require the parties attempt to mediate as part of a pre-trial order.
Starting Strong: Business Entities in Florida (Part 1)
There are lots of different types of business entities. Each has its own strengths and weaknesses. I’ll begin with a primer on the types of business organizations from which you have to choose. In Florida, a “business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts […]
They breached the contract so what kind of damages can I get? How about lost profits or loss-of-use?
By: J. Mason Williams IV It can be difficult to determine what type of monetary damages, if any, a party is entitled to in a breach of contract case. Even if you determine the type of damages, it can be even more difficult to prove the amount as evidenced in a recent case in Hillsborough […]
Business & Asset Protection
Customizing Your Documents After your business entities are in place, or your business foundation is laid, your lawyer can begin drafting numerous customized legal documents, such as the entities’ bylaws, operating agreements, or other types of documents that govern both the interactions and operations of the properly selected and formed entities to best meet your […]
You’ve Been Served, through Facebook?
We have seen Facebook grow from a small college networking site to a global social media giant in less than a decade. Facebook is used to connect friends and family and promote businesses. Now over one billion people a month are on Facebook. With over a billion people using Facebook as a communication channel, the […]
Permanent Alimony Ban Bill Approved by Florida Senate
Ex-spouses who depend upon alimony to live off of may be in jeopardy of losing this extra income. This past Thursday the Florida Senate voted and approved bill SB 718 with a 29-11 vote count, to ban permanent alimony. Senator Kelli Stargel, R-Lakeland voted in favor of passing the bill. He explains, “Back in the […]
Is the Economic Loss Rule Dead in Florida?
On March 7th 2013, the Florida Supreme Court ruled that the economic loss rule can only be used in relation to product liability cases and not contractual cases. Their decision was determined through the case Tiara Condominium Association v. Marsh & McClennan. Tiara Condominium Association sued their insurance broker Marsh for not providing them with […]
Will a Tenant get their security deposit?
By: J. Mason Williams IV I have been asked several times whether a person can get their security deposit back. Often times, they tell me that they cleaned everything up and the landlord still won’t give them their deposit back. Why not and what can I do? Well, first you have to review your […]
