In Florida civil litigation, motions to dismiss serve a specific and limited purpose: to test the legal sufficiency of a complaint. They are not a procedural tool for determining factual disputes or resolving substantive legal questions better suited for summary judgment. Therefore, Florida courts have repeatedly held that litigants should not misuse motions to dismissContinue reading “Motions to Dismiss: Not a Substitution for Summary Judgment”
Tag Archives: florida
Acts of God in Florida Construction
Construction projects don’t always go as planned. Sometimes, unexpected events like bad weather or supply delays can throw a project off schedule. That’s where a force majeure clause comes in. This part of a contract helps manage delays caused by things beyond anyone’s control. Let’s break it down in simple terms and look at anContinue reading “Acts of God in Florida Construction”
Are Old Construction Liens Valid in Florida?
Construction liens can create significant headaches for property owners, particularly when they surface during a title search or refinancing process. Filed by contractors, subcontractors, or suppliers, these legal claims can stall transactions and leave property owners wondering: Is this lien still valid? This article explains Florida’s laws governing lien duration. When Do Liens Come Up?Continue reading “Are Old Construction Liens Valid in Florida?”
Construction Indemnification Basics for Florida Contractors
In construction contracts, indemnification clauses serve to shift risk from one party to another, usually by requiring one party (the indemnitor) to protect the other (the indemnitee) against certain types of loss or liability. Here are the main types and levels of indemnification which contractors might encounter. Types of Indemnification 1. Common Law Indemnification: ThisContinue reading “Construction Indemnification Basics for Florida Contractors”
READY LEGAL 