Giving back what you’ve earned: resisting bankruptcy preference claims

Alexander Barthet Claims Leave a Comment

Stay  in  business  long  enough,  especially  during  difficult economic  times,  and  you  will  inevitably  become  a  creditor  in  a customer’s  bankruptcy  –  a  disappointing   development   made worse  when  you  receive  a demand  asking  for  the   return   of a payment you recently received from that customer.  You may be tempted to ignore the request, believing that since you are actually entitled …

Alexander BarthetGiving back what you’ve earned: resisting bankruptcy preference claims

How to File a Construction Claim of Lien in Florida – From Notice to Owner to Recording [VIDEO]

Alexander Barthet Claims, Construction, Liens Leave a Comment

  How do you assert a construction lien? A construction lien is a right permitted to those in the construction industry who provide materials, services or labor to real property. If one who provides these services or materials are not paid, he or she may be able to force the sale of the property in order to recover their money. …

Alexander BarthetHow to File a Construction Claim of Lien in Florida – From Notice to Owner to Recording [VIDEO]

Construction defects or mistakes in construction: when and how to fix

Alexander Barthet Claims, Construction, Contracts, Defects, General Contractor Leave a Comment

Contractors who discover construction defects or mistakes in their work face two challenges: ignore them and risk liability, or fix the problems and risk destroying evidence – also known as “spoliation.” If litigation develops down the road, contractors that destroy evidence – even with the best of intentions – can wind up paying damages in court. Repairing faults in construction …

Alexander BarthetConstruction defects or mistakes in construction: when and how to fix

Settling With All the Right Parties

Alexander Barthet Claims, Construction, General Contractor, Settlement

A college hired a general contractor to renovate one of its residence halls. This included some bathrooms and shower stalls. After completion of the project, the school discovered a number of leaks caused by defective work in the bathrooms. The college sued the general contractor for breach of contract and the plumber for breach of its warranty, alleging improper installation …

Alexander BarthetSettling With All the Right Parties

Unlicensed Contracting: No License – No Contract

Alexander Barthet Claims, Contracts, Defenses, Payment Leave a Comment

Florida law requires that individuals who work as contractors obtain a state contractor’s license to perform most construction work. The law defines a contractor as anyone who builds, improves on, tears down, or subtracts from any building or structure for compensation. This covers actual construction, as well as structural alterations and plumbing, electrical, or air conditioning work.  Performing construction work …

Alexander BarthetUnlicensed Contracting: No License – No Contract

Not My Problem: Release of Liability Sticks

Alexander Barthet Claims, Contracts, Damages, Disputes, Insurance Leave a Comment

We’ve all seen them – those clauses on proposals or work orders stating that a repairman won’t be responsible or liable for any damage caused by his repairs. The question is, are they enforceable? A recent case has determined they can be, if properly written.

Alexander BarthetNot My Problem: Release of Liability Sticks