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Official Records for Condominium Associations

By Christopher M. Cobb January 17, 2020 Posted in Community Association Law

Condominium living is a way of life in Florida.  These statutory organizations are responsible for conducting the everyday business affairs of the community.  The creation and maintenance of documents is an essential part of properly running a condominium association. Section 718.111(12) of the Florida Condominium Act and Rules 61B-22.002, 61B-22.003(3), 61B-23.002(7) […]

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Construction Lien Releases in Florida

By Christopher M. Cobb January 8, 2020 Posted in Construction Law

Construction Lien Releases in Florida “In Florida, it is well-established law that ‘execution of a valid release results in the termination of all rights covered by the agreement.’”  See Beck-Ford Constr., LLC v. TCA Glob. Credit Master Fund, LP, 240 F. Supp. 3d 1256, 1279 (S.D. Fla. 2017) and Pettinelli […]

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Pay When Paid Provisions in Construction Contracts

By Christopher M. Cobb January 6, 2020 Posted in Construction Law

A “pay when paid” or “pay if paid” provision is often used in construction contracts to shift the risk of payment by the owner down to the subcontractors.  They are sometimes referred to as contingent payment clauses and typically makes the subcontractor’s payment contingent upon the payment of the contractor […]

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The Responsibilities of Primary Qualifying Agents

By Christopher M. Cobb November 15, 2019 Posted in Construction Law

Under Chapter 489, Florida Statutes, primary qualifying agents are, typically, considered the main decision maker of the business organization.  All primary qualifying agents for a business organization are jointly and equally responsible for: (1) supervision of all operations of the business organization, (2) all field work at all job sites, and (3) […]

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