Readers are likely well aware of how hard property values in the state of Florida were hit as a result of the recession that struck in the first decade of this century. After several years of low property values research conducted by Green Street Advisors indicates that commercial property values have rebounded and continue to climb throughout the United States. In fact, in March of this year they were up 87 percent since their lowest mark in 2009. What’s more, they are 14 percent higher now, than they were at their last peak, in 2007.
Contracts are a necessity to the success of a business. They are entered into every day, sometimes with other companies and other times with individuals. An example of the latter situation is where an individual enters into a lease with a property owner. While the first thing that likely comes to mind when a breach of contract is mentioned in this context is the failure of the tenant to pay the landlord, it could arise should the resident fail to perform another element of the contract as well.
A Florida apartment complex has put an interesting spin on this.
When it comes to any type of construction project there are many things that go into it being successful. While certainly quality workmanship is a component, the materials used should meet a certain standard as well. In addition, the contracts entered into to secure these goods should meet certain requirements. When they don’t the success of an entire project can be at stake.
If there is something wrong with the way in which a material supplier conducts business with customers, legal action could be appropriate.
Across Florida, commercial real estate developers are buying up mobile parkland. Considering the lack of upkeep of many of these mobile parks, this is no easy undertaking. Trailer owners often have abandoned their broken down trailers. Besides removal of these trailers, creation of new plans for use and development of the land is required. This includes building of grocery stores, movie theaters, malls or upscale housing on the property.
Mobile homes house large percentages of citizens in our state. Elderly residents and members of the Seminole Tribe of Florida have occupied many of these mobile parks. However, large numbers of mobile parks have closed in recent years. Increases in land costs in part causes issues with keeping mobile parks open. This is especially true of smaller parks. Also, mobile park communities have not aged well. There's been resistance to moving new homes into mobile home communities that are 40-years-old.
Contracts are at the heart of nearly every single business relationship and at the center of almost every dispute. The terms parties include in the contract define the promises and obligations of each party. These terms include directions and limitations for handling disagreements, which can have a huge impact on the outcome of litigation.
Most contracts tend to be long, confusing and very specific to the relationship or industry; they certainly do not read like a fiction novel. There are, of course, a few terms and clauses found in many contracts. Listed below are only a few contract terms of which you should be aware when signing a contract.
When a developer sets out to build on a plot of land there are many factors that need to be considered. While settling on a design navigating the relationship with the contractor may be tricky, some developers don’t even get that far before issues arise. For example, developers could face issues with securing the land or receiving permission to build on it.
This could be an issue for a developer in Orlando. The developer is hoping to build a midrise office/apartment complex on a park located near downtown Orlando.
Business disputes arise in a variety of situations. We have previously written about disagreements that arise as a result of a breach of contract. Other times they are filed following an allegation of theft. Sometimes, it is multiple issues that prompt one individual or entity to take legal action against another. This is the case in a lawsuit recently filed in a federal court in Florida. Virgin Group and British billionaire Richard Branson have been sued by the former chief executive office of Norwegian Cruise Line.
In a previous post we provided an overview on things that might fall under the definition of construction defect. In that post we mentioned that a variety of issues could fall under that definition. One of the things we mentioned that might constitute a construction defect is the use of defective products. In this post we will focus on one particular product that could pose a problem from property owners. That product is CPVC pipe. Chlorinated polyvinyl chloride, commonly referred to as "CPVC," is a thermoplastic used to produce pipes and related fittings. CPVC applications include water supply pipes, water-based heat transfer systems, and sprinkler systems and drain lines, in both commercial and residential buildings. Certain chemicals are incompatible with CPVC pipes which lead to environmental stress cracking. Spray foam insulation has an adverse chemical reaction with CPVC pipes. If this piping comes in contact with adverse chemicals such as spray foam insulation, you may have a construction defect claim against your builder/developer.
Whenever a construction project is undertaken, there are potentially many parties involved. In the course of completing that project it is possible that any of the participants could find that they are involved in a dispute with another party. While in a recent post we discussed the possibility of a property owner taking legal action against contractors and others responsible for doing the work, it can work the opposite way—contractors may file a lawsuit against property owners as well.
When it comes to homeowners initiating construction litigation there are multiple reasons why such a case could arise. One of them is due to construction defects. But just what meets this definition? The reality is a variety of situations fall under this umbrella. These include, but are not limited to:
- Unsafe structures
- Substandard workmanship
- Code violations
- Faulty design
- Defective products such as windows that leak leading to toxic-mold contamination
- Peeling paint
- Popped nails