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Jacksonville Legal Blog

What To Look For In A Franchise Disclosure Document

Prospective franchisees interested in opening a restaurant franchise, hotel franchise, retail store franchise or any other type of franchise will be presented with a franchise disclosure document (FDD). These documents can be daunting, as they can run up to 200 pages long. However, it is critical to review the document thoroughly, as the success of your franchise will depend on your understanding of and compliance with the FDD.

The franchise development director may walk you through the document. Keep in mind though that the director does have an interest in getting you to sign, so that may influence how they present the information to you. It is in your best interest to take the time to review the document on your own or with the help of an independent party such as an attorney who practices franchise law.

Construction defects are more prevalent in condos

Construction defects can have lingering effects in homes. From causing discomfort to rendering a space unlivable, a single construction error can have widespread consequences and require thousands of dollars to fix. However, it appears that residents of condominiums may experience construction defects more often than their counterparts in single family homes or townhouses, according to a new report by Community Associations Institute (CAI), a nonprofit focused on “community association education, governance, and management.”

The CAI study was compiled by examining the scale of litigation surrounding claims of construction deficiencies and their impact on homeowners.

Resolving A Construction Defect Claim Could Get More Difficult

When a Florida property owner discovers a construction defect, getting the matter resolved is no simple process. In fact, it seems to be getting more and more difficult.

Florida's construction defect law went through a substantial overhaul in 2015. Among the changes were more detailed written notice requirements for claimants. Now, a bill has been introduced in the Florida Senate that calls for further changes to written notice requirements, as well as to other aspects of construction defect claims.

What Happens When A Condo Owner Discovers A Construction Defect?

Construction defects can occur just as easily in condominiums as they can in houses. Just as the owners of houses have the right to take action, so too do the owners of condos. When a condo owner discovers a leak, water damage, mold damage or any other construction defect, he or she can seek compensation for damages through legal action.

However, there are definitely major differences in how these cases unfold.

Who Is Responsible For A Construction Defect?

You bought a new home or went through a remodel, only to discover a roof leak, a foundation issue or some other construction defect. You want it repaired and you want compensation for losses. The question is, who do you take action against? Who is responsible for the construction defect?

Was It The Storm Or A Construction Defect?

In the aftermath of Hurricane Matthew and a particularly destructive hurricane season, many Florida homeowners are searching for ways to rebuild. For many, that means turning to their homeowners insurance policy. But what happens when the insurance company rejects the claim on the basis that the damage to the home was not the result of the storm, but the result of a construction defect in the home?

Rent disputes with tenants

Rent disputes are not uncommon for property owners to encounter. When your tenant stops paying rent, there are certain actions you can take to receive payment. However, there are also strict laws that protect tenants. It is important that when trying to either receive rent money or evict your tenant, you follow standard and legal protocol.

Paying For a Licensed Contractor Worth the Extra Cash

In order to do building work on a person's home or business, most contractors are legally required to have a license. According to a recent Miami Herald article, in Florida, the regulation of the construction industry is determined by Chapter 489 of the Florida Statutes. This governs the licensure of categories of contractors through the Department of Business and Professional Regulation's (DBPR) Construction Industry Licensing Board. Local governments also have additional licensing requirements. However, that doesn't mean that every contractor that is hired has the required licenses.

3 Signs your house has mold damage

Mold is one of the most common types of construction defects. If you just bought a house and suspect it has mold, you may be able to prove the construction defect in court and recover damages. Missing the signs of mold could cause your home to decrease in value.

If the mold was present and noticed by the previous owner, it could likely be covered by that person's homeowner's insurance. It is important to catch these things right away as there are time limits for when you can file a lawsuit for these issues.

How Much Will The New Labor Law Cost Your Business?

Among the many provisions of the Fair Labor Standards Act (FLSA) are those governing which employees should be paid overtime. Those provisions have been updated and the new standards take effect on December 1, 2016. The changes will potentially have an adverse effect on your small business.

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