We had so much fun throughout the year bringing you new and interesting articles through our blog site, that we decided to take December off (just our blog posts, of course, the office is still open) and prepare a great start to the new year: 3 new blog posts! Stay tuned in January 2010 for [...]
Florida Appeals Court Orders Immediate Release of ILSA Refund to Buyers
(Originally published on November 9, 2009 at blog.molderlegal.com) Florida new construction buyers fighting with their developer over who gets to keep the deposit may get some well-needed relief in Court these days, thanks to a recent decision from the Third District Court of Appeals. On October 21, 2009, the Third DCA (with appellate jurisdiction that [...]
Florida Court holds that condominium association is successor to developer and can recover for construction defects from performance bond surety.
(Originally published on November 8, 2009 at blog.molderlegal.com) On October 30, 2009, Florida’s First District Court of Appeals held, in Marseilles Condominium Owners Association, Inc. v. Travelers Casualty and Surety Company of America, that a condominium association can sue and recover from a performance bond surety for construction defects arising out of construction of the [...]
Be careful out there. Walking across the minefield that is social media.
(Originally posted on October 28, 2009 and revised on November 15, 2009 at blog.molderlegal.com) In recent years, social media sites, as they are known, have become increasingly popular. Facebook (www.facebook.com) is a prime example of a ‘social media’ site. Others are Twitter (www.twitter.com), LinkedIn (www.linkedin.com), and MySpace (www.myspace.com). The concept of most of these sites [...]
The importance of an independent engineer for newly turned-over condominium associations in Florida.
(Originally posted on October 17, 2009 at blog.molderlegal.com) It’s been about a year since you closed on your brand new Florida condominium unit. You receive a notice from the developer-controlled association that the association is being turned over to the unit owners at an upcoming meeting, and you put your name down as a candidate [...]
Is your construction contract hurricane-ready?
(Originally published on September 12, 2009 at blog.molderlegal.com) Florida’s 2009 hurricane season is well under way and, for both this and upcoming hurricane seasons, Florida owner’s, contractors, and other construction-industry players should be well aware of the many ways that a construction contract can be made hurricane-ready. From issues dealing with shoring up the project, [...]
Recent Changes to Florida’s Pre-Suit Process for Construction Defect Claims
(Originally published on September 8, 2009 at blog.molderlegal.com) Chapter 558 of the Florida Statutes was enacted in 2003 in order to provide the design and construction industry with pre-suit notice and opportunity to cure before a claimant can file a lawsuit for construction defects. Under the statute, before a claimant can file a lawsuit against a [...]
Welcome to our Florida Deposit Disputes section!
(Originally published on September 8, 2009 at blog.molderlegal.com) Welcome to our Florida Deposit Disputes section! This topic thread is intended to cover many issues pertaining to deposit dispute law and litigation in Florida, including the following: Purchaser-considerations in attempting to get a deposit back from a seller/developer Contract voidability claims under Chapter 718 of the Florida [...]
Welcome to our Florida Internet Technology Law section!
(Originally published on August 29, 2009 at blog.molderlegal.com) Welcome to our Florida Internet Technology Law section! This topic thread is intended to cover many issues pertaining to internet technology law in Florida, including the following: Data policies, procedures, and protocols, such as: acceptable use policies compliance protocols data retention policies electronic file policies and disclosures privacy [...]
Welcome to our Florida Condominium Law section!
(Originally published on August 29, 2009 at blog.molderlegal.com) Welcome to our Florida Condominium Law section! This topic thread is intended to cover many issues pertaining to condominium law and litigation in Florida, including the following: Condominium defects and warranty claims (including statutory warranties provided by Chapter 718 of the Florida Statutes) Condominium management Condominium-related litigation & [...]
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