Step on a crack and break . . .

Step on a crack and break . . .

I once handled a matter in which my client tripped over some brick pavers that a homeowner installed in the City’s right-of-way. The pavers had become uneven due to tree root growth, a common scenario in Tampa. Municipalities are often responsible for sidewalks...
Your Contract is Your Castle

Your Contract is Your Castle

To paraphrase Lloyd Dobler’s pal Denny in the movie Say Anything, your construction contract (like your Malibu) is your castle. A dispute (and a lawsuit) can be won or lost on the verbiage contained in a document executed months before the first nail is driven....
Your own worst enemy

Your own worst enemy

Almost everyone has a Facebook, MySpace (OK, not MySpace), YouTube, Twitter, LinkedIn, Tumblr, Skype, Pinterest, Instagram, Vine, or Google Plus account. While I certainly expect that my clients will not exaggerate the extent of their injuries when they come to me, if...
You may not have to lean on your lien.

You may not have to lean on your lien.

I recently read an article about the inability of a subcontractor to pursue a claim for unjust enrichment against an owner after the sub blew his lien rights. The article re-capped the case of Springfield Heating and Air Conditioning, Inc. v. 3947-55 King Drive at...
I Am A Material . . . Breach?

I Am A Material . . . Breach?

In commercial litigation virtually all disputes center around the breach of a written contract. It has long been assumed by many practitioners, myself included, that the breach must be of a material nature. In other words, one cannot be sued for breaching a...