During the first week of April, I visited Havana, Cuba, on an educational exchange trip with the Ohio State Bar Association. As we made our way through the city, including restaurants that served first class cuisine, I could not shake the feeling that I was mingling with a sophisticated civilization that was living amongst the ruins left behind by a former civilization.
Havana is a city of proud and resourceful people who welcomed us warmly. There did not appear to be a bone of apathy in the entire city. Yet, the state of erosion of the physical infrastructure cannot be understated.
In some places, we saw homes being restored to past glory using nothing more than wheelbarrows of cement and shovels and other hand tools. But it was far more common to see blocks of the city where paint is peeling, sections of marble and railing have gone missing, and concrete has eroded to such an extent that one can see the aggregate in the walls of buildings. Continue reading “Reconstructing Havana”→
As construction lawyers asserting lien claims, we commonly have our opponents recite the maxim “construction lien statutes must be given a strict reading,” leading to an argument that a failure to follow the lien law’s very technical requirements leads to a windfall victory for the other party. While leading to unmercifully unfair results in many instances, courts give little deference to claimants who have failed to jump through the statutory hoops necessary to perfect their lien claims.
In 2004, then Florida Governor Jeb Bush signed into law what is commonly referred to as Florida’s “opportunity-to-cure” statutes, more formally referenced as Chapter 558. In short, Chapter 558 was enacted to require aggrieved owners to place contractors and design professionals on notice of construction defects, with an opportunity to inspect and, if possible, resolve the alleged defects without resorting to potentially expensive and protracted litigation. Given the many amendments to Chapter 558 since its inception, Chapter 558 has, if nothing else, proven to be a work in progress, a topic we’ve previously written on in the Sarasota Docket. Continue reading “The Latest Installment of Chapter 558 – A Step in the Right Direction?”→