In a quiet title action, the Plaintiff asks the court to declare the sole legal title to a property. It is commonly used for tax deeds, adverse possession and prescriptive easements, as an alternative to probate, or alongside other real estate claims. Defendants can also counterclaim to establish their own title to the property.
Although non-compete agreements are presumed to be valid in Florida, they can be challenged based on material breaches by the employer, overly broad restrictions, unreasonable durations, or geographic scope. Courts also evaluate whether the agreement protects legitimate business interests. Consult an experienced employment lawyer to assess enforceability of a non-compete agreement.
The Economic Loss Rule (ELR) originally limited claims in contract disputes to breach of contract, barring tort claims like negligence or fraud for purely economic losses. Florida's Tiara ruling, however, restricted ELR to product liability cases, opening the door for tort claims in contract disputes which can expose parties to broader liability.
Construction lienors must serve a timely “Notice to Owner” to preserve lien rights while manufacturers of “specially fabricated materials” must follow similar, but different, rules. To protect against lien liability, property owners should record a Notice of Commencement as well as obtain lien releases and contractor affidavits before making payments.
Commercial landlords can face construction lien liability for tenant improvements if tenants hire contractors and fail to pay them. To avoid this, landlords should include lien prohibition clauses in lease agreements, record the lease and a notice, promptly respond to lien-related demands, and require contractor indemnity agreements.
Domestic drywall in some U.S. homes may corrode metal, damage appliances, and cause health issues like headaches, respiratory problems, and seizures. Suspected causes include sulfide gas off-gassing, radioactive phosphogypsum, or the use of recycled Chinese drywall. Homeowners with potentially dangerous drywall should consult their insurance company, obtain an inspection, and consult an experienced construction defects attorney.
Commercial evictions in Florida, often involving nonpayment of rent, lease violations, or holdover tenants, require the landlord to provide written notice before initiating expedited legal proceedings. Tenants may assert defenses like constructive eviction but must specifically dispute issues and give the landlord the opportunity to make repairs to protect their rights.
Between 2004 and 2008, defective Chinese drywall containing phosphogypsum was used in the construction of homes in the U.S. (predominantly in Southeastern states), causing sulfur odors, corroded materials, and health issues, particularly in Southeastern states. Chinese drywall lawsuits and class actions have resulted in remediation, removal, and repair of the drywall; however, proving health claims remains challenging.
