The Attorney Breakfast Club is the world’s first networking group created just for lawyers, to share ideas, contacts and build referral relationships. The Attorney Breakfast Club strives to help attorneys build strong referral networks as well as train them to manage efficiently and market effectively. Our goal is to create a successful networking group that can make the difference between just getting by and prospering.
Should I File a Cruise Ship Injury Claim with an Attorney? Following a cruise ship injury, it is common to wonder if litigation is the right course of action. Filing an injury claim might seem confrontational, or the injuries might not seem to warrant a court claim. However, there are clear incentives to contact an […]
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A patent defect is open and obvious – one which can be discovered after inspection. On the other hand, a latent defect is one that is hidden or concealed, and which is not discoverable by reasonable inspection. A latent defect becomes patent when it is discovered or should have been discovered. Whether a defect is patent or latent is generally decided on a case by case basis, although Florida has determined that certain defects, such as leaky roofs, are necessarily patent and obvious.
Determining when a defect becomes patent is important because it impacts the statute of limitations – the deadline for bringing a lawsuit. The deadline for breach of construction contracts is four years from the time the defect was discovered but in no event more than 10 years after the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect or licensed contractor and his or her employer. Even if the defect is discovered after the expiration of a warranty, the limitations period does not begin to run until the defect is discovered.
The post What is the Difference Between an Obvious and a Hidden Defect? appeared first on Miami Construction Lawyers.
Most people enter into a construction contract with the understanding that performance will occur within a specific timeframe. When that doesn’t happen, everyone tends to look to the terms of the contract for recourse. And if they find specific language, making it clear that time does matter – that “time is of the essence” – then they’ll have found a contract provision which could make all the difference.
When “time is of the essence” is included in a contract, delayed performance of any contract term will likely result in a material breach of the contract. This essentially allows the non-breaching party to terminate the contract. In a subcontract, the general contractor will specify a completion date and often include a “time is of the essence” provision. If the subcontractor does not complete its work on or before that date, the general contractor may choose to terminate the subcontract, hire another subcontractor to complete the job, and sue the original subcontractor for breach of contract.
Interestingly, if a contract does not include such a “time is of the essence” provision, a delay will not be considered a material breach so long as performance is effectuated within a reasonable time. For example, a “time is of the essence” provision can be waived if the parties continue their dealings regardless of late performance.
To preserve a “time is of the essence” provision, it is advisable that extensions be in writing and note that the defaulting party is still in breach of the contract. In this way, if delays continue, one can still choose to terminate the contract.
So be mindful of “time is of the essence” provisions – they’re not just some generic contract provision but an important tool to enforce specific performance by a date certain.
Child Care Injury: Are Child Care Centers in Gyms Regulated? In Florida, many parents rely on childcare facilities to provide a watchful eye over their children. Some of these facilities provide all-day care, while others specialize in shorter, sporadic childcare. However, parents expect any daycare center to provide attentive and careful babysitting. One way parents […]
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This actually happened. Admitting he had been convicted of certain drug-related crimes, including possession and intent to distribute, and stating that he had been sentenced to sixty months and was currently on supervised leave, an applicant submitted his paperwork to the Department of Business and Professional Regulation to become a licensed general contractor. The Department responded that the application was incomplete and that the applicant needed to provide proof that his civil rights had been reinstated. He could not do so as his civil rights had in fact not been restored. His application was therefore denied when it came before the Construction Licensing Board.
Not easily giving up, the applicant appealed and it was determined that the Board acted incorrectly. The actual language of the applicable statute only requires eligible applicants to be of “good moral character,” and while you might think that one convicted of a felony would not fit this requirement, that is not necessarily true. Moreover, the statute requires some connection between the crime and the professional responsibility requirements for which the application has been submitted. In other words, depending on the crime, the “good moral character” provision of the statute may still be met by convicted criminals.
In reality, the applicable statute does not deny licensure to felons whose civil rights have not been restored. While there are specific statutes which do prohibit convicted felons from being granted licenses, construction is not one of them, at least in Florida.
The post Can a Convicted Criminal Become a Licensed Contractor? appeared first on Miami Construction Lawyers.
Cruise Ship Accident News: Thousands of Cruise Ship Passengers Stranded in Gulf by Hurricane Harvey The latest cruise ship accident news reports that thousands of passengers have been stranded due to hurricane Harvey’s catastrophic impact. In recent days the United States has received nearly constant updates on the tragic events unfolding in Texas in the […]
Florida Workplace Deaths Continue to Rise Each year the United States Bureau of Labor Statistics collects data on the number of injuries and fatalities in the workplace. This information is sorted by state, industry, and type of injury to present a picture of workplace safety in America. For workers and employers in Florida, the Bureau […]
Though often found together these three provisions have very different meanings.
A “hold harmless” clause is the provision which, if drafted correctly, has the effect of releasing one from liability. Indemnification shifts liability from one party to another. A “duty to defend” means just that and is a separate and distinct obligation from any duty to indemnify or a duty to hold harmless.
The duty to defend requires one to provide a defense and pay the legal expenses associated with such defense – no small obligation, especially when you consider this duty is triggered whatever the merits of the claim may be. The duty to hold harmless and the duty to indemnify only arise if the claim is adverse to the indemnitee – the one receiving the benefit of the hold harmless or indemnity.
Because construction disputes so often involve multiple parties and complex issues, the potential costs associated with each of these provisions can be very significant. For example, the cost of a legal defense can quickly outpace the cost of the actual underlying claim.
Most contractors just accept these provisions, hoping for the best and not giving them a second thought. That would be a mistake.
The best music law firms around all have the same things in common. Whether you’re starting out in the entertainment industry or you’re a seasoned veteran, you’ll need the help of expert lawyers to defend your intellectual property and get the recording contracts you deserve. Learn the main signs that indicate your chosen legal professional is truly at the top of their game. Make sure to hire the best entertainment lawyers Miami has to offer.
The Purpose of Law in the Entertainment Industry
Being that the entertainment industry is potentially incredibly lucrative at the same time as being really hard to succeed in, you’ll have plenty of people trying to take advantage of you and your skills. Whether it’s a record company attempting to give you a poorer deal than you’re worth or it’s another musician taking credit for your songs, you need to hire the kind of high-caliber lawyers music professionals who can have your back in the toughest of times. A lawyer in the entertainment industry is responsible for:
- Protecting you from copyright infringement
- Defending you against accusations of intellectual property theft
- Making sure you get the right recording contract
Searching for “Entertainment Lawyers Near Me”?
If you’re new to the industry, you’re certainly wondering how to find the best “entertainment lawyers near me”. The truth is that every successful artist is supported by the top professionals who will do everything to protect their client. If you want to protect your reputation and make sure that no one steals your tunes, you’ll certainly need a lawyer to help you. Consider the important signs that all great law firms share:
- A high rate of return clients who win case after case. You need to choose an expert who can make sure that you end up on top after any legal encounter.
- A high revenue made by successfully guiding clients in the right direction. Whether it’s a defense of property rights or the guaranteed receipt of a top contract, the best lawyers make their money from helping their clients achieve their goals.
- A strong quality control program and plenty of guarantees written into their code of conduct. Every law firm has a defined way of doing things, and you want to make sure that your chosen firm has your best interests at heart.
- A good reputation that is upheld by word of mouth. Satisfied clients always tell their peers about great
What Are Your Child’s Legal Rights Following a Child Pedestrian Accident? Across the United States, nearly 11,000 children suffer injuries as pedestrians each year. Of these 11,000, roughly 350 children die from on-foot collisions with cars annually. These numbers are alarming for parents, and child pedestrian accidents are a particular problem throughout Florida. The state […]
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