Florida Business Legal Questions

As a general matter, a subcontractor should not execute a lien waiver unless and until the subcontractor has been paid. The purpose of the waiver is for you to forego your right to file a mechanic's lien on the job because you have already been paid. If you haven't been paid, you have several options: (a) lien the job until you are paid in full; (b) sue to recover the unpaid balance; (c) do both; or (d) negotiate for full payment while withholding the lien waiver.... Read More

There is a statute of frauds for the sale of goods, but it is very easily circumvented. If you have received and retained the merchandize without objection, or if you and the seller are deemed to be "merchants" (which sounds like the case, or if you have retained the invoices without objection, you cannot generally raise the statute of frauds. The seller can generally prove that you received the goods. As you can imagine, most small arrangements for the sale of goods are not reduced to formal written contracts. You should think up a better defense than the statute of frauds. Perhaps see if you can compromise on the $240 -- split the difference or something else. Nobody can afford to litigate over a $240 dispute.... Read More

Yes. Mail is better. Remember that, under the Americans With Disabilities Act (if it applies to your business), you may have a duty to provide a "reasonable accommodation" to an employee who is still capable of performing the functions of the job. Nothing prevents you from terminating an employee who is unable to perform the job functions with a reasonable accommodation.... Read More

Those are important additional facts. As a general matter, a hospital furnishes only its own services and not those of your physicians. In today's world, most physicians who work in hospitals are not employed by the hospitals; they are independent contractors and work directly for the patients. So when you ask a hospital how much its charges will be, the hospital quotes the charges for its own services only. In retrospect, you asked an insufficiently inclusive question. It doesn't sound as if anyone did anything wrong. You received the services of the anesthesiologist and are responsible for the reasonable value of those services.... Read More

There is probably an unfair trade practice in this fact pattern. The more difficult question is how you monetize it. It doesn't seem likely that you suffered any meaningful harm. The civil legal system exists primarily for the purpose of compensating injured victims by the amount of monetary harm they have suffered, not for the purpose of punishing wrongdoers. I don't see the business opportunity for you here.... Read More

Especially if all invoices are pursuant to a single contract and job, the courts do not like to have multiple lawsuits filed and will require consolidation, which would bring you above the small claims amount. As a builder, I would suggest that you also consider filing a lien against the property and pursuing construction lien foreclosure remedies, which could include the recovery of your attorneys fees and interest. There are several groups and requirements to comply with to do this correctly. Perhaps the builders exchange can give you some free guidance on that.   This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

As stated in another answer, foreign entities can be owners of US businesses, but there are some restrictions. There is a tax classification of entities under Subchapter S of the Internal Revenue Code which is not available with foreign owners or entity owners. In addition, you should be aware of the tax ramifications of such an investment and the charges and process for obtaining payments from the US company. Sometimes there are withholding requirements which surprise some foreign owners.   This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

As with so many things, in law the rule is often "you gets what you pays fo'."  There are various employment forms out there.  But when you are calling some workers independent contractors you are entering territory that is fraught with dangers -- both in terms of wage-hour issues, and IRS liability.  It is best to review the arrangement with a knowledgable employment law attorney (preferably one who practices in Florida). Attorneys who do not specialize in that area of the law often make assumptions that later prove to be incorrect and lead the client to liability. This is not an area where intuition will take you a long way. You can give the employment law attorney the forms you already have been using and have the attorney review and adapt them if that is the most efficient way to utilize his time. The attorney might have his own forms that he has developed and had tested, and it is frequently cheaper and better to use the attorney's own forms. I am not sure what lawyers in Florida charge. However up here competent employment lawyers charge anywhere from a low of $250 / hour to $500 / hour.  You also can talk to them about a flat fee for the project.    Michael Caldwell 404-979-3150... Read More

The answer is probably best characterized as "it depends." Assuming it is clear from the letter that both employer and employee intended June 30 as your last day of employment, then the effective date of your resignation is the close of business on June 30. You can test this as conclusion by asking yourself whether you rendered any services after 12:01 a.m. on July 1 and, accordingly, whether your employer had the duty to compensate you for services rendered after midnight.... Read More

A repair shop to whom your car is consigned for repairs has a duty to exercise reasonable care to preserve the car in its original condition. It is, however, not a guarantor of this result; and sometimes bad things happen despite the exercise of due care. If you have a factual basis for believing that the car was not properly cared for, you can make a claim for the resulting damages. Small claims court is a good forum for this kind of claim, most of the time.... Read More

No. You would have to get a release from the owner of the property. While Disney allows anyone to take photos for personal use at Disney World, you would need their permission to take commercial photographs on their property, which would come in the form of a photographer's location release. Disney employs a bunch of photographers in order to sell photos in the parks, so don't expect a location release to be freely given.... Read More

It is unlikely you have much recourse.  Unless you signed a written contract, you would be classified as an at-will-employee.  At-will-employees may be dismissed, or refused future employment for any reason the employer chooses.  You may be entitled to minor damages incurred for the time between when you allegedly were informed of the companies decision, and the date you learned of the rescinding of the offer, but that would likely be all. For more information visit my website at www.alsobrooklaw.com. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More