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Recent Blog Posts

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Types of Business Torts in Florida

By Pincus & Currier LLP |

Businesses can find themselves in various types of litigation. One of the most common types of litigation involves a variety of business torts. Tort law deals with various types of misconduct, including personal injury, negligence, and more. A business tort does not result from an injury or damage to someone’s property, it is an… Read More »

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Overview of Mechanic Lien Laws in Florida

By Pincus & Currier LLP |

At some point, almost every homeowner in Florida is going to need to hire someone for repairs or to make improvements to their home. If you are one of the parties contracted to work on the property, you may need to file a mechanic lien at some point. There are certain protections for homeowners,… Read More »

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Real Estate Commission Disputes in Florida

By Pincus & Currier LLP |

Working in a profession where your income is based strictly on commission can be challenging and extra competitive at times. You work hard to put together a real estate deal, but if you don’t end up receiving the commissions owed, it can be frustrating and financially devastating. However, there are options for agents and… Read More »

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How an Attorney can Help Your Florida HOA or Community Association

By Pincus & Currier LLP |

Managed communities are gaining in popularity around the country, and Florida is home to well over 10,000 homeowner associations alone. Combined with condominium associations, it is almost a guarantee that any real estate you purchase will be managed by an HOA or COA. These associations have a massive responsibility to ensure communities are properly… Read More »

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Preventing Family and Medical Leave Act Retaliation Claims in Florida

By Pincus & Currier LLP |

If you own a private business that employs more than 50 people, you may be obligated to offer Family and Medical Leave Act (FMLA) leave to your employees. Government agencies at all levels, as well as elementary and secondary school employees, regardless of how many employees there are, are also covered under the FMLA…. Read More »

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Vicarious Liability in Florida: When are You Liable for Your Employee’s Actions?

By Pincus & Currier LLP |

It’s widely known that there are cases where you as the employer can be held responsible for your employee’s actions while they are on the clock. However, there may be select scenarios where you could be held liable even if the act happened outside of their normal job duties. The legal theory of vicarious… Read More »

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Defending Florida Unpaid Wage and Overtime Pay Claims

By Pincus & Currier LLP |

There are both federal and state laws that require an employer to adhere to certain guidelines when it comes to overtime pay and minimum wage. It’s imperative that as the employer, you keep detailed records on all employees, which includes: Compensation Hours worked Vacation days, holidays, etc. Meal and break times Sick days Unfortunately,… Read More »

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The Marketable Record Title Act (MRTA) and Why It’s Important for your HOA

By Pincus & Currier LLP |

The Marketable Record Title Act, or MRTA’s, purpose is to assist with the facilitation of real estate transactions by getting rid of any “stale” claims against real property in Florida. This is important for Homeowners Associations because the courts have concluded that covenants and restrictions of an HOA can be extinguished by the act…. Read More »

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Understanding Differences between First-Party and Third-Party Bad Faith

By Pincus & Currier LLP |

Insurance is an integral part of the business world, and unfortunately, there are instances where disputes happen between parties and an insurance company. Some of these disputes will give rise to what’s known as a bad faith claim. Bad faith claims in Florida have their roots in both common law and statutory law, and… Read More »

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What Constitutes a Breach of Contract?

By Pincus & Currier LLP |

In Florida, a contract is formed when the applicable elements are present — offer, acceptance, and consideration. These agreements are meant to be enforced by law. A breach of contract is when one party doesn’t perform one or more of the requirements of this agreement. For there to be a breach of contract, the… Read More »

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