A Global Guide for In-House Counsel: Doing business in a rapidly changing world
Real Estate – Inflation How is the real estate market in your jurisdiction being affected by inflation? Florida is a large state with over 25 million residents, separated into very distinct economic environments: South Florida (Miami, Fort Lauderdale and Palm Beach); Tampa/West Coast; and the rest of the state. Though the populated markets in South […]
Contractors commonly enter into subcontracts with the same party concerning numerous, separate projects. These subcontracts sometimes contain “cross-default” provisions, which have significant implications on all outstanding subcontracts. You should know what a cross-default provision is, how to spot one, and how to use one for the benefit of your own business. What is a cross-default […]
On May 26, 2022, Senate Bill 2D (“S.B. 2D”) and Senate Bill 4D (“S.B. 4D”) became law. The stated purpose of S.B. 2D is to lower the costs for insurance companies in the hope that rates for homeowners will be lower. Also, S.B. 2D strengthens an insured’s ability to pursue claims of bad faith against insurance […]
Factoring clients always ask us what they could have done differently to avoid lawsuits with their Clients and/or Account Debtors. In some cases, the Factor does everything correctly and litigation is inevitable. However, over the past several months, we have had Factors engaged in lawsuits that were largely avoidable if the Factor had taken certain […]
In Florida, the law requires lawsuits to be filed within certain time periods. The time period depends upon the type of claim, for example, a claim for breach of contract has a different time period than a claim for tortious interference. In the construction world, different claims have different time periods. What is the “statute […]
The risks to contractors and subcontractors on construction projects have increased exponentially in recent years, and we don’t see them slowing down with the rising costs of construction. Contractors are being forced to agree to extremely abbreviated project schedules and higher liquidated damages penalties than ever before. Combined with supply-chain disruptions and material shortages this […]
Best Practices to Protect Trade Secrets for Florida Businesses
Many of us have read about concerning trends in foreign espionage targeting American businesses’ intellectual property, particularly out of China. In response, Florida recently enacted the Combating Corporate Espionage in Florida Act, which became effective October 1, 2021. While designed to better secure intellectual property from theft by agents of foreign governments, the law also […]
HANDLING MATERIAL COST VOLATILITY AND SUPPLY CHAIN DISRUPTIONS IN A POST-PANDEMIC MARKET
Those in the construction industry waiting for a return to normalcy from the COVID-19 pandemic still have no end in sight. In the months following the onset of the pandemic, for seemingly the first time ever, the general public began to follow the price of lumber, for example. Although that spike in lumber prices has […]
Florida Businesses with Federal Contracts Face New Challenges
On November 18, 2021, Florida Governor Ron DeSantis signed new legislation prohibiting private employer COVID-19 vaccine mandates, requiring employers to recognize new exemptions to receiving a COVID-19 vaccine, changing how the cost of PPE and COVID-19 testing is shared between businesses and employees, and fining any Florida businesses who violate the new law. Regardless of […]
APPELLATE COURT STAY LEADS TO SUSPENSION OF OSHA’S COVID-19 EMERGENCY TEMPORARY STANDARD
Earlier this month, OSHA adopted an Emergency Temporary Standard for COVID-19 Vaccination and Testing (the “ETS”) for large employers. Covered employers that do not comply with the requirements could be subject to OSHA penalties for “Serious” violations, which come with fines potentially in excess of $13,000 for the first violation, but also the connotation that […]
LOREN & KEAN LAW CLIENT PREVAILS IN CONSTRUCTION ARBITRATION
Loren & Kean Law and its client recently prevailed in a four-day construction arbitration. The case involved competing claims where the contractor asserted outstanding monies owed and delay claims, and the owner asserted construction defect claims. Working with its client and its experts, Kyle Ohlenschlaeger and Bruce Loren were able to present a clear case […]
Florida’s Chapter 558 Procedures For Construction Defect Disputes
In construction defect disputes, owners must comply with certain procedures before filing a lawsuit against a contractor. These procedures are contained within Florida Statutes Chapter 558. This newsletter describes the mechanics of Chapter 558 and how a contractor should navigate through it. Chapter 558 applies to “construction defects” resulting from work performed by a contractor, […]
