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Sarasota Legal Blog

Topics to address with potential home improvement contractors

Making improvements to your home makes you feel good about your residence while increasing the value of your property. Many homeowners in Florida want to make home improvements but are cautious about the process itself as well as the contractors available to perform the work. Often, these people fear an unreasonably lengthy construction process as well as shoddy workmanship and the possibility of legal issues.

We all know that it is not always possible to eliminate every potential problem that might occur in a home construction project. However, as construction law attorneys, we want you to know that you can improve your chances of hiring a great contractor. This can go a long way in helping you avoid legal issues that could result in costly delays to your project.

What are my options if my homebuilder makes construction errors?

A construction contract is your best defense against builder errors in all types of construction, including single-family residential homes. Under construction law in Florida, your contract gives you and your builder a great amount of flexibility in how you both approach errors and even disputes.

For example, if your contractor makes a serious error resulting in property damage, you will benefit from having a predetermined remedy outlined in your contract. Without such a clause in your contract, you may have to choose an alternate solution like the ones listed below.

  1. You may be able to insist or force your builder to address the errors and make it right. However, this could result in lengthy delays and may even cause more damage before the situation is remedied.
  2. If the error is aesthetic rather than structural, you could choose to live with the mistake. For example, if the builder installed the wrong windows or countertops, it may be easier to let it go since it resulted in no structural issues. This would put you and your family into your new home on schedule.
  3. You could opt to walk away from your home, but this is a drastic measure. After all, you have invested time and money into your property, which you could lose forever.
  4. Finally, you could seek a legal remedy by talking with a construction law attorney. This could open the door to solutions neither you nor your homebuilder has considered. It can also pave the way for successful construction litigation, if necessary.

Construction law: Florida fraud investigation nets 5 arrests

In times of crisis, it is easy to succumb to the temptation of a quick and affordable fix. After a hurricane or other destructive storm has damaged your property is one such time of crisis. While you may feel blessed to have survived a hurricane, you may also feel desperate about having your home repaired.

Construction law prohibits unlicensed contractors from making these repairs, even in times of crisis. Unfortunately, fraudsters and even skilled but unlicensed contractors seem to come out of the woodwork in the wake of a hurricane. Earlier this month, Florida officials arrested five individuals for "contracting without a license" in a time of emergency. The arrests were the result of a three-month construction fraud investigation that began in the wake of the state's severe hurricane season.

Managing divorce with children in Florida

There are many disagreements that can lead a couple to divorce. With nearly half of marriages in the state of Florida ending in separation or divorce, it seems clear there are enough reasons for people to decide they are better off alone. But the largest disagreements among ex-spouses who are also parents involve the children.

The primary home of a child of divorce is a key issue in the lives of parents and children alike, as it provides the basis for a stable childhood focused on growing and learning. Other issues include the amount of influence that a parent can have in a child's social, educational and spiritual upbringing.

Parental alienation can complicate custody issues

Divorce is a difficult process to go through. Even in the best circumstances, in which two spouses can agree on most major points with an attitude of cooperation, the emotional and legal complexity can appear overwhelming. Fortunately, legal representation for both spouses can help take over a lot of the legal issues so people can focus on recovery.

All parents, divorcing or not, can agree that the welfare of children should come first if there are minors reliant on their parents. As a result, it is very important to remember this priority when facing the prospect of divorce.

What counts as a construction defect?

When you invest a significant amount of money into a home renovation or reconstruction, you are investing in what is likely to be your most valuable financial asset. It is natural that you will have certain expectations and standards that you want to be fulfilled. When these expectations fall short, you will of course feel angry and as though you have been short-changed. This dissatisfaction with the end-result of a construction project is not uncommon. But what counts as a defect under the law and how do you know if you have grounds to make a claim?

What are construction defects?

Condo associations and vacation rentals: A recipe for conflict?

Florida is known for tourism and condominiums. Yet those two things don't always go hand-in-hand. The rise of vacation rental websites like Airbnb and VRBO has raised difficult questions for many condo owners associations (COAs). While individual unit owners reap a steady stream of income from short-term rentals, they often pose endless headaches for others in the condo community. Snowbirds and investors who essentially turn their units into hotels can jeopardize the quality of life for year-round residents. As a result, for many residential condo developments, setting limits on short-term rentals (or outright banning them) makes a lot of sense.

My ex is harassing me online. What can I do?

Digital development has provided us with many benefits including the ability to keep in touch with our family and friends. However, there are also many problematic implications that have come with the rise of digital. This has included the fact that people are often able to get in touch with us, even if we do not want them to.

How is online harassment defined?

Know the early signs of domestic violence and abuse

No one enters into a relationship expecting to be mistreated in any way. On the contrary, many abusive relationships seem to begin as fairy tales with both partners appearing happy, healthy and contented. Abuse can be so sly and so insidious that victims often have no understanding of how it all began.

As family law attorneys, we experience somewhat mixed feelings about domestic violence and abuse. On the one hand, we dread having to hear about these cases and we hate seeing how they affect families. On the other hand, we are eager to help victims of abuse and violence find protection. We believe that each time a family reaches out for help, at least one person is saved from potential physical and emotional harm.

Is my prenup invalid?

Before going into a marriage, many couples decide that they would like to protect their own personal assets that they acquired during the marriage, or their assets that they expect to acquire during the marriage, in the event of a divorce. This process is called a premarital agreement, otherwise known as a prenup. However, although it can have been agreed at the time when the marriage occurred, when a person is considering or going through a divorce, they may find that the prenup is no longer valid for one reason or another. The following are some reasons why your premarital agreement may not be enforceable under the law.

If you only verbally agreed on what would happen to your finances in the event of a divorce, this can never be legally enforced. This is why it is vital to always make any agreement in writing.

Tannenbaum Scro, P.L.
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Sarasota, FL 34236

Toll Free: 866-615-4543
Phone: 941-444-9092
Fax: 941-316-0515
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Tannenbaum Scro, P.L.
214 S. Lucerne Circle
Orlando, FL 32801

Phone: 407-738-4379
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Tannenbaum Scro, P.L.
970 Lake Carillon Drive
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St. Petersburg, FL 33716

Phone: 727-287-1018
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