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November 2016 Archives

Construction defects and developer warranties under Florida law, P.2

We’ve been looking in recent posts at the topic of condo defects and what state law has to say about pursuing a condo developer for such defects. As we noted, developers are bound by various warranties related to condo construction.

Claim: condos in Celebration, Florida plagued by construction defects

Many of our readers are likely familiar with Celebration, Florida, the Disney-themed community in Osceola County near the Walt Disney World Resort. The town, which is associated with Disney, is often described as a suburban utopia, and is often viewed with the suspicion of that those terms typically invoke. There are a variety of reasons for this, but one has to do with the poor construction of some of the town’s structures, which has drawn it bad publicity.  

Construction defects and developer warranties under Florida law, P.1

Previously, we mentioned that a condominium owner’s association in Celebration, Florida filed a lawsuit earlier this year against the property owner for alleged widespread defects, including structural issues, molding, and leaky roofs. Construction issues with condominiums are not uncommon, of course, but unit owners don’t always know what their rights are or what recourse is available to them until they consult an experienced attorney.

Preventing probate/estate disputes : work with an experienced attorney, P.3

In recent posts, we’ve been looking at the topic of probate disputes. Last time, we pointed out some of the factors that can increase the likelihood of such disputes occurring. In addition to the factors we’ve already mentioned, the likelihood of probate disputes occurring is increased by the failure to update an estate plan and by poor planning strategies, of which there are many possible examples.

Preventing probate/estate disputes : work with an experienced attorney, P.1

Probate and estate administration is not always a neat, tidy process. In some cases disputes can arise, causing fighting between family members and beneficiaries and adding significant complications and costs to the process. The potential complications of probate and estate administration are exemplified in a legal dispute over the massive book collection of author Maurice Sendak.

When do Florida courts have jurisdiction over child custody cases? P.2

Last time, we began looking at the Florida Uniform Child Custody Act, which governs when Florida courts have jurisdiction to handle child custody determinations. We’ve already looked at the conditions that must be met for a Florida court to have initial jurisdiction and continuing, exclusive jurisdiction over a child custody matter.

When do Florida courts have jurisdiction over child custody cases? P.1

In previous posts, we’ve been looking at a Florida custody case in which a Florida court overturned a Michigan decision and ended up issuing a decision in favor of the other parent, the mother. In this case, the complexity was largely due to the mother’s relocation with the children to Florida and the subsequent sorting out which state had jurisdiction over the case.

Looking at a complicated custody case involving conflicting decisions, P.2

In our last post, we began looking at a Florida child custody case in which a Michigan custody ruling was overturned in Florida. The mother in the case, after taking the kids out of Michigan to Florida back in 2013, accused the father of child abuse on multiple occasions. Those complaints were all dismissed for lack of evidence.

Looking at a complicated custody case involving conflicting decisions, P.1

Custody cases can be contentious, as readers all know. There are various reasons for this, one of which has to do with the fact that courts makes custody decisions based on criteria that can be interpreted differently by different courts.

Looking at some common legal claims in construction litigation, P.4

We’ve been looking in recent posts at some of the potential legal claims that can come up in construction cases, particularly in cases where defects and failure to complete work are alleged. We already looked briefly at breach of contract and breach of warranty claims, as well as fraud and misrepresentation claims.

Looking at some common legal claims in construction litigation, P.3

Picking up where we left off last time, there is another set of claims that can arise in construction litigation is misrepresentation and fraud. Fraud, of course, implies that the party who committed it did so with intent, whereas misrepresentation may occur when a party to a construction project negligently fails to convey accurate information.

Looking at some common legal claims in construction litigation, P.2

Last time, we mentioned that one possible defense to breach of contract claims in construction litigation is impossibility or impracticability. Another potential defense for contractors in breach of contract claims is substantial completion, which refers to cases where the contractor didn’t perform every single detail of the contract, but performed so substantially on the contract that it would be unreasonable to deny the contractor full contract price.

Looking at some common legal claims in construction litigation, P.1

In our last two posts, we looked at several recent construction-related disputes here in Florida, noting some of the claims in those cases. In two of the cases we mentioned, the primary issue was construction defects, whereas the third case involved design defects. In this and future posts, we want to look at some of the legal claims that may be used to seek compensation for such matters in court.

Recent construction cases highlight common issues in construction disputes, P.2

In our last post, we began looking at a couple recent examples of Florida construction disputes, cases involving allegations of construction defects and incomplete work. As can be seen from these cases, a lot of money can be involved when defects are allowed in construction work. Another recent Florida case is slightly different from the two we’ve already mentioned in that it focuses not so much on construction defects, but design defects.

Recent construction cases highlight common issues in construction disputes, P.1

As anybody knows who has every built a home or been involved in the construction process, there is a lot that can go wrong along the way, a lot that could be disputed and fought about. Several recent examples of construction disputes in Florida highlight this point well.

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