Jeff Lieser

This author has written 48 articles
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Tampa Construction Defect Claims: Real and Synthetic Stucco Cracks and Water Damage Caused by Improper InstallationHello

There are many reasons for stucco cracks on the exterior of your home. Defective work, material or improper curing can all cause exterior stucco cracks leading to water damage. If an inspector determines water damage to your home was caused by defective stucco and the builder will not remedy the problem, consult an experienced Tampa Construction Defect Attorney who will work to resolve your claim.
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Analyzing the Recent Verizon-Netflix Business Dispute Under Florida’s Unfair Business Practices LawHello

Ahhhhh…the weekend is here. It’s time to relax and watch your favorite Netflix show. Uh-oh. Why is it taking forever to download? What are all those little dots?

“The Verizon Network is crowded right now.
Adjusting video for smoother playback…”

Smart tv and hand pressing remote controlA few hundred thousand customers of Verizon and other internet service providers (ISP) recently saw this error message while experiencing slow downloads and grainy picture quality as they were trying to watch videos on Netflix. Worried that the message would tarnish its otherwise sparkling reputation, Verizon sent a message of its own to Netflix in an indignant cease-and-desist letter dated June 5, 2014.

Verizon demanded that Netflix take down the message, calling it a deceptive and unfair business practice. Verizon wanted proof that the diminished service was solely Verizon’s fault, as well as a list of Verizon customers who were shown the message. Failure to provide this information, Verizon warned, could lead to legal action. Unaffected by the threat, Netflix stated on June 9, 2014, that the error message had been sent to customers of Verizon and other ISPs as part of a test that would continue until June 16, 2014.

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Getting Rid of Squatters Living In Your Tampa Bay HomeHello

Kicking strangers out of your home may be harder than you think. Just ask the Army Soldier whose Pasco County, Florida home was invaded by a couple of squatters while he was away serving his country. Two complete strangers moved into the Soldier’s home, changed the locks and refused to leave. If that wasn’t distressing enough, the Pasco County sheriff’s office told the Soldier that police could not do anything to remove the squatters.

Verbal Agreement

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Before his deployment to Afghanistan two years ago, the Soldier asked a friend to keep an eye on his home. The friend enlisted the help of one of the squatters to renovate the home while the Soldier was gone. Two months after the work was completed, the friend discovered the squatters living in the home, much to her surprise.

The squatters claimed that the Soldier’s friend agreed to allow them to live in the home rent-free in exchange for performing the renovation. Although the friend denied that such an agreement existed, the squatters’ claim was enough to place the matter outside of police intervention. In other words, the case was now a civil matter.

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Fighting a Non-Compete Employment Agreement in FloridaHello

What do you do if you signed a non-compete agreement with your employer in Florida and now want to go to work for a competitor of your employer?  Many people believe that if an employer forces an employee to sign a non-compete agreement as a condition of employment, the agreement is unenforceable.  That is not true in Florida because such agreements are presumed by law to be valid.  However, that does not mean you have no ability to defeat the agreement in the event your former employer tries to enforce it.  There are several potential arguments one may be able to make.

Material Breach by Employer

One argument is that the employer somehow materially breached the employment contract.  For example, if the employer did not fulfill its obligations to the employee with regard to such items as compensation, insurance, etc., then the employee could argue that the non-compete provisions should not be enforced.

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Protecting Lienors and Property Owners During Home ImprovementHello

This is an overview of the actions that construction lienors and property owners should take to protect themselves in the event that lienors are not paid for improvements they made to the owner‘s property.

Lienors Must Serve a “Notice to Owner” to Recover on a Claim of Lien

Kitchen Remodel in Private Home Subcontractors, sub-subcontractors and materialmen who have not contracted directly with the owner to make improvements to the owner’s property must serve a “Notice to Owner” upon the owner and all parties listed in the “Notice of Commencement.”  This notice must be served before commencing work or within 45 days after the labor, materials or services were first provided and before the owner pays the full amount due. The “Notice to Owner” should contain:

  • The lienor’s name and address
  • A description of the owner’s real property
  • A description of the services or materials provided or to be provided

Service of the “Notice to Owner” is a statutory prerequisite to recording a claim of lien. The lienor’s failure to timely serve the notice is a complete defense to enforcement of the claim of lien against the owner’s property.

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Preventing Commercial Landlord Liability for Tenant ImprovementsHello

Many commercial landlords face a common but preventable problem: construction lien liability for tenant improvements. This issue comes up when the tenant voluntarily hires contractors to make improvements to the landlord’s property but fails to pay them in full. To recover the monies owed to them, the contractors file construction liens against the landlord’s property and sue the landlord to foreclose on the liens.

Construction PlansConstruction liens cloud the landlord’s title to the real property and can prevent its sale or refinancing. Additionally, landlords can be held liable to construction lienors, such as general contractors, subcontractors and materialmen, for improvements they made for the tenant. Consequently, landlords must take certain actions to shield themselves from liability against tenant improvement construction liens.

Review the Lease Agreement

The lease agreement should not contain express or implied language that requires the tenant to do anything to improve the property. If the lease agreement obligates the tenant to make improvements, any liens arising from those improvements can attach to the landlord’s real property interest.

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Domestic Drywall Problems Resemble Chinese DrywallHello

There is a lot of evidence that Chinese drywall can cause serious environmental and health problems. Recent reports suggest that some American-made or domestic drywall also poses the same risks. However, unlike with Chinese drywall, scientists are still trying to determine whether domestic drywall has deleterious effects on health and property.

What are the purported problems with domestic drywall?

There are reports out of the southeastern states that indicate a potentially growing problem with domestic drywall. There are many Florida homes built between 2005 and 2008 that contain potentially corrosive domestic drywall. It seems to corrode plumbing fixtures, copper wiring, appliances and air condition units. Some homeowners have reported smoke alarm malfunction, tarnishing of silverware and pitted metal surfaces.

Moreover, exposure to domestic drywall may cause health problems for homeowners. Such problems include:

  • Labored breathing
  • Nose bleeds
  • Liver and kidney disease
  • Seizure
  • Stoke
  • Delirium
  • Light headedness
  • Headaches
  • Tumors and cysts

What might be causing domestic drywall to be a risk to property and health?

Some independent laboratory reports suggest that high levels of sulfide gas are coming out of the domestic drywall in homes. This “off-gassing” phenomenon may be connected to the presence of synthetic gypsum. This is a byproduct of the scrubbing process that removes sulfur dioxide from the emissions of coal-fired plants. Off-gassing of sulfide gas is more prevalent in homes built in the southeast possibly because of the high humidity there.

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The Problems Associated With Chinese DrywallHello

In late 2008 and 2009, Florida homeowners began to notice foul sulfur odors in their homes. Upon further inspection, they discovered the odors were emanating from their drywall, a material used to construct interior walls. Soon, homeowners in other states noticed the odors as well as reports of problems with their air conditioners, corroded electrical wiring, and browning of their silverware. Many complained of sinus problems, headaches and bloody noses.

Inspectors and researchers traced the drywall to Chinese imports and to gypsum mines in China. Since many of the complaints began to surface when the U.S. housing market began to collapse, Chinese officials suggested that domestic drywall manufacturers were seizing upon the reports to denigrate their product and to lay blame for suffering domestic sales on the imported products.

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