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Does the Florida Legislature Finally Have a Fix to Construction Defect Law?

March 17, 2021
Jeffrey S. Wertman  |  Construction, Construction Defects Bill

Chapter 558 of the Florida Statutes contains a pre-suit notice and opportunity-to-repair process for construction defect claims. The statute was intended to be a more efficient, alternative dispute resolution mechanism involving a property owner providing written notice of claim to the responsible contractor, subcontractor, supplier, or design professional as a precondition for a construction defect lawsuit. 

Client Alert: “Having One for the Road” Takes on a New Meaning with CS/SB148

March 15, 2021
Colin M. Roopnarine  |  to-go liquor

One of the many adaptations adopted by Florida restaurateurs during the shut-down in an effort to keep their customers happy and their businesses afloat may find itself into the post-COVID mainstream.  CS/SB 148 was introduced by Senator Bradley and the Regulated Industries Committee specifically to address the continued ability for restaurants to include alcoholic beverages in to-go orders.  It allows an establishment to sell and deliver alcoholic beverage drinks prepared and sealed by an establishment with a “special restaurant license” for off-premises consumption.  A “special restaurant license” requires that at least 51 percent of gross food and beverage revenue must be derived from the sale of food and non-alcoholic beverages during the first 60-day operating period and each 12-month operating period thereafter.  The Bill also allows for manufacture-sealed beer, wine and liquor and transported in a bag.  

Further Tolling of Development Orders and Permits as a Result of Extension of State of Emergency

March 8, 2021
Jeffrey R. Margolis  |  State of Emergency , Pandemic

Florida Governor Ron DeSantis issued Executive Order No. 21-45 on February 26, 2021, further extending the state of emergency originally declared by Executive Order No. 20-52 for another sixty (60) days until April 27, 2021. 

Responding to a Hail Loss

March 3, 2021
Madelyn Rodriguez  |  Hailstorm , Insurance, Weather Week

While climate change effects on weather phenomena, including hail, are still emerging, some researchers believe that the hailstorm incidences are spreading into areas previously untouched by hail. In contrast, many others predict that climate change will result in increasingly severe hailstorms.

Are you weather ready? Understanding your Coverage

March 2, 2021
Michael J. Higer  |  Weather Week , Wind Created Openings, Insurance

It’s raining outside and he winds are howling. There are water leaks throughout your home and you are running around your home trying to dry up the puddles and wipe down the watermarks and stains. All the while, you are thinking as soon as the day breaks, you are going to call your insurance company to report the obvious water damage to your home so that it can assist you in making the necessary repairs by paying for the damage.

Federal Court Rules that CDC Eviction Moratorium is Unconstitutional

March 1, 2021
Jeffrey R. Margolis  |  Real Estate , Eviction Moratorium, COVID-19

The Center for Disease Control and Prevention’s Order declaring a national moratorium on residential evictions effective January 31, 2021 through March 31, 2021, was declared unconstitutional by a U.S. District Court in Texas. 

New ALTA Survey Standards to Take Effect February 23, 2021

February 2, 2021
Jeffrey R. Margolis  |  Real Estate , American Land Title Association

Effective February 23, 2021, the Minimum Standard Detail Requirements of the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) for Land Title Surveys are changing.  ALTA/NSPS recently adopted revised Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, which, when effective, will supersede the existing standards introduced in 2016. 

Federal Moratorium on Evictions Extended

January 6, 2021
Jeffrey R. Margolis  |  Real Estate, Residential Evictions

The Centers for Disease Control and Prevention (CDC) halted residential evictions in September to stop the spread of COVID-19.  The order was set to expire at the end of 2020. President Trump recently signed into law a COVID-19 aid package that extends the federal moratorium on evictions until January 31, 2021

Insurance Companies Saved By the Bell?

January 5, 2021
Michael J. Higer

On the last day of a year that will live in infamy, the Supreme Court of Florida issued a decision that will tip the scales of justice ever so slightly in favor of insurance companies and against property owners—both commercial and residential.

More or Less, Unless More is MORE…the MORE Act, that is

December 9, 2020
Colin M. Roopnarine  |  MORE Act, Legalize Marijuana , Cannabis Law

Now that the dust has settled and the smoke has cleared, let’s take a look at December 5, 2020, - a day on which the first domino fell that many hope will lead to many more falling dominoes and the eventual legalization of marijuana in the United States.  

Black Friday and Cyber Week for Brands at Amazon

November 30, 2020
Heidi Howard Tandy

In the US, the holiday shopping season typically means one of two things for businesses – outright chaos as shoppers throng into a store or enough sales to nudge a business onto solid financial footing for the year.

Business Interruption Claims and the Virus

November 16, 2020
Michael J. Higer  |  Insurance, COVID-19

Since March, when businesses of all types came to a screeching halt, there have been approximately 1,200 lawsuits filed in the United States against insurance companies seeking recoveries for their business losses.