Do You Need a License for Contract Work in Florida?

Explore the essentials of contractor licensing in Florida, the risks for unlicensed work, and how to protect your rights. A must-read for subcontractors and the immigrant community.

@admin 4 July 2023

Requirements for a General Contractor License in Florida

When delving into the construction industry in Florida, several key requirements often arise for a general contractor license in Florida, particularly regarding the necessity of licensing and the legal processes involved in ensuring payment for services rendered. Understanding these aspects is crucial, especially for subcontractors and members of immigrant communities who are trying to navigate the complexities of Florida’s construction laws.

Why Is Licensing So Important in Florida’s Construction Industry?

Licensing in Florida’s construction sector is not just a formality but a legal imperative. It serves as a validation of a contractor’s skills and professionalism. Operating without a license may be illegal and exposes contractors to significant risks, including the inability to enforce liens. This legal requirement protects the public from inferior construction practices and ensures that contractors have a legitimate means to seek payment.

What Risks Do Unlicensed Contractors Face?

Unlicensed contractors in Florida encounter substantial risks. The most significant is the inability to legally place a construction lien on a property and enforce said lien. This limitation is particularly challenging for subcontractors who have completed their work but find themselves struggling to get paid. Without a license, their legal avenues to claim due payments are severely limited.

How Crucial Is the Notice to Owner (NTO) for Contractors?

The Notice to Owner (NTO) is a vital tool for contractors, especially subcontractors. This document, which must be filed within the first 45 days of starting a project, is crucial for preserving the right to file a construction lien in case of non-payment. The NTO is straightforward yet powerful; it can prevent significant financial losses for a minimal cost.

What Happens If You Miss the NTO Filing Deadline?

Failing to file an NTO within the 45-day window can lead to serious consequences. Without this notice, subcontractors lose the right to file a construction lien, which is a key mechanism to enforce payment for services rendered.

What Are Construction Liens and Their Importance?

Construction liens, also known as mechanic’s liens, are legal claims against a property made by contractors or subcontractors who have not been paid for their work. In Florida, the law stipulates that only licensed contractors can file these liens. They must be filed within 90 days of the contractor’s last day of work on the project. Missing this deadline can invalidate the lien, leaving the contractor without a key tool for securing payment.

The right to foreclose if you have a mechanic’s lien on a real estate property

A significant benefit to being able to place a lien on a property for work performed to improve such property, is the right to file a foreclosure action against said property in order to get paid for the work performed. A lien gives the contractors and subcontractors the benefit of putting a cloud on the title of said property which will keep the property from being sold without first satisfying the lien. In the alternative, through a foreclosure action, the contractor and subcontractor can force the sale of the property in order to get paid as well. This forces the homeowner to negotiate a settlement with the contractor/subcontractor and resolve all pending payments instead of risking losing their property which most likely is worth many times the amounts owed for the work performed.

How Can You Protect Your Rights as a Contractor in Florida?

To protect your rights as a contractor in Florida, it’s essential to ensure proper licensing. This not only legitimizes your business but also equips you with the legal tools necessary for enforcing contracts and filing liens, including the right to recover attorney’s fees and costs for filing the lien and a foreclosure action. This additional benefit and protection is provided by Florida Statutes. Staying informed about legal requirements and deadlines for notices and liens is also crucial.

For a deeper understanding of these issues, particularly as they pertain to the Brazilian community in South Florida, I recommend watching my recent video interview with Attorney Michael Garcia. In this interview, available on my Instagram, we explore the nuances of construction liens, the importance of licensing, and the legal avenues available to contractors in Florida.

Need Further Assistance? Reach Out for Help

If you find yourself in need of guidance or legal assistance, don’t hesitate to reach out. Our team is well-versed in these matters and dedicated to supporting contractors, subcontractors, and members of the community in protecting their legal rights and interests. Contact us for a consultation, and let’s work together to find the best solutions for your specific needs.

What is Mediation and is it Required in a Divorce Case

Explore a more amicable path to divorce through mediation, a cost-effective and expedient alternative to litigation that empowers couples to craft mutually beneficial settlements, all under the experi...

@admin 13 June 2023

Getting divorced is one of the biggest challenges anyone can face in life – especially when the specter of court battles hangs over everything. But did you know there’s another way? Mediation offers an opportunity for divorcing couples in Florida to avoid combative showdowns by working together to craft fair solutions based on mutual interests instead of dividing lines between them.

There are two types of mediation in Florida: pre-suit mediation and mediation during litigation. Pre-suit mediation is a voluntary process that can help resolve issues before a lawsuit is filed. Mediation during litigation, on the other hand, is mandatory in most counties in Florida. During this type of mediation, a neutral third party helps the couple negotiate a settlement agreement that is acceptable to both parties.

Under normal circumstances, divorcing couples must go through mandatory mediation before proceeding to trial; however, certain scenarios can exempt them from this protocol. If both parties agree on all aspects of their separation beforehand and there are no disagreements or complications that require further review by a mediator or judge – then counseling prior to litigation might not be necessary at all.

One of the primary benefits of mediation over litigation is that it can bring a divorce to a resolution far quicker. Divorce settlements are typically drafted within just a few weeks or even sooner, whereas a divorce going through litigation could take months before getting on a judge’s trial docket.

Another benefit of mediation is that it is usually much cheaper than litigation. During litigation, there are many costs including attorney fees and other expenses. Mediation is also usually cheaper because it is not drawn out into a lengthy process.

But perhaps the most significant benefit of mediation is that it gives the couple control of the decisions made in the divorce. When a divorce goes through litigation, a judge will make all the final decisions, and there is little the couple can do about it, even when they strongly disagree with the decision. Through mediation, the couple retains control and can work together to reach a mutually beneficial agreement.

Even with mediation, It is important to note that divorce cannot be done outside of the court system in Florida. Even if the couple can agree to pre-suit mediation, they will still need to open a court case to get divorced. However, pre-suit mediation is a useful option for those who want to avoid the potentially lengthy and costly process of litigation.

At Brunelli Law, P.A., we have extensive experience with mediation-based divorces. When it comes to negotiating, we have the experience and skill to secure favorable terms for you. We are committed to upholding your rights and will work tirelessly to protect your best interests.

Prioritizing Your Children’s Needs During Divorce

Navigate the complexities of divorce while prioritizing your children's well-being with our comprehensive tips on effective communication, co-parenting, and seeking support.

@admin 12 May 2023

Experienced Child Custody in Florida

The process of divorcing involves a lot of different elements and factors; however, one aspect everyone should prioritize throughout separation is ensuring their child custody (Florida) is met continuously. While marriages terminate legally once papers have been signed and terms agreed upon after what feels like ages of back-and-forth discussions with lawyers and mediators alike—being an excellent parent continues ceaselessly beyond those proceedings. As such we have taken our time putting together comprehensive tips for parents looking to guide themselves adequately throughout those harrowing times

Communicate with your children

To assist your children in dealing with a divorce, it’s important to communicate effectively. You must talk to them honestly and appropriately for their age group regarding the situation at hand. Remind them that neither parent blames or holds them responsible for what has occurred, and convey that both still care deeply for the child.

Open dialogue is key, ensuring your kids know they can come talk about anything anytime without judgment or repercussions is vital as well. If longevity tops your list for personal goals or even future ambitions including travel activities – then making time for regular exercise should rank high on that list too because staying active promotes important healthy aging processes unlike anything else! Through exercising regularly we can keep up with necessary cognitive functions as well improving balance /flexibility which ultimately reduces fall risks associated with aged decline seniors face -striving towards independence & freedom one cannot fulfill without physically being able to do so!

Put your children’s needs first

When going through a divorce, it’s effortless to become self-involved in your concerns and feelings. Nevertheless, placing the interests of your kids ahead of yours should be paramount. This entails making certain that their welfare receives maximum attention even when it proves challenging for them to achieve so.

One way to do this is by sticking to regular schedules for meals, bedtime routines, and pastimes without disruption. Remember that your kids may face uncertainties caused by the divorce; therefore giving them stability wherever possible becomes mandatory.

Work with your co-parent

Co-parenting after divorce requires commitment, sacrifice, and empathy from both parents involved. It means putting aside animosity towards one another in favor of agreeing on what’s best for your children – this often necessitates extensive organization work so as not leave anything up in the air regarding scheduling time spent with either parent.

Furthermore, adopting an attitude whereby communication remains respectful even through disagreement will help maintain peace when discussing sensitive matters such as who gets custody over holidays, etc.

Seek support

The stress of coping with divorce can take its toll on both parents and children alike. With that said, managing this challenging time of your life means actively seeking care from highly trained individuals skilled in comforting techniques for families in flux – like therapists or counselors – while also turning to caring friends, relatives, neighbors, or other social networks you know will lend their helping hands however they may be needed.

We are here for you

Divorce is never easy, but prioritizing your children’s needs can help make the process less stressful for everyone involved. If you’re going through a divorce and need assistance with legal matters related to your children, contact us today so we can help guide you through the process.

The 3 Most Asked Questions You Need Answered About Family Law

Demystify the legal maze of divorce with answers to three pressing questions: property rights when leaving home, the irrevocability of child support, and the nuances of permanent alimony in Florida.

@admin 4 April 2023

It’s no secret that navigating through the legal complexities of divorce can leave people reeling with questions. As an accomplished family law attorney who has seen everything from child custody disputes to property division battles between spouses over the years, I understand this firsthand. Bearing this in mind, let me shed light on three frequent queries that usually come up when clients visit my office.

1. Can I leave my home during a divorce without losing my property rights?

When going through a divorce and still sharing a roof with your soon-to-be-ex-spouse, starting fresh may be on your mind.

2. Can I waive alimony and child support after a divorce?

A common misconception among people going through a divorce process is that they can relinquish their responsibilities towards their ex-partner by waiving alimony and child support payments. Nevertheless, this belief doesn’t hold water as while spouses can come to a mutual agreement regarding termination of spousal alimony with court approval, there’s no chance such waiver applies to obligations related to children – i.e., child support.

Regardless of how willing or unwilling either parent may be in paying for supporting children after separation or divorce financially, courts have jurisdiction over deciding what must be done for the best interests of minors. Failing to meet their financial obligations means ignoring the fundamental reason why these payments exist in the first place, ensuring children have access to necessary resources and provisions.

3. What is permanent alimony and how is it determined in Florida?

The emotional toll that a separation or divorce takes on an individual can be draining enough without having to worry about how they will survive financially without their partner’s support. In Florida, those who need assistance long-term may obtain something called “permanent alimony.” This ensures that they receive stable financial support even after going through legal divorce procedures which take into consideration various factors like marital age and other circumstances leading up till separation.

In Florida, there are three types of marriages based on duration: short-term (less than 7 years), moderate-term (between 7 and 17 years), and long-term (17 years or more). The length of the marriage is one of the key factors that the court considers when determining the duration of permanent alimony, usually awarding it to divorces following long-term marriages.

Though ‘permanent’ doesn’t necessarily mean forever when it comes to Florida’s laws around spousal support. Judges have discretion to determine specific timelines for when one party must pay support to their ex-spouse based on mitigating circumstances such as age or health status.

It’s worth noting that if the receiving partner enters into what is classified as “cohabitation”—meaning they’re living with someone else in a romantic relationship—this could result in changes related to alimony payments through court order challenges brought forth by individuals obligated to pay.

Nevertheless, it is vital to understand that its allocation does not occur indiscriminately and many factors are weighed by judicial authorities when deciding whether or not it represents an appropriate resolution.

If you have questions about any aspect of the family law guide in Florida, it’s always best to consult with an experienced attorney. Feel free to schedule a consultation. We can provide guidance and help you navigate the complex legal system.

Understanding Florida’s 2023 Alimony Reform

The 2023 Alimony Reform in Florida brings sweeping changes to spousal support, affecting divorcing couples and even some ongoing cases. For personalized guidance, Brunelli Law is here to help you navi...

@admin 28 March 2023

The Alimony Reform Bill Florida 2023 represents a seismic shift in family law, affecting not only newly filed divorce cases but also certain pending cases. Signed into law by Governor Ron DeSantis on June 30, 2023, it’s important to understand its implications fully. Here are the key takeaways:

Elimination of Permanent Alimony

The reform does away with permanent alimony, replacing it with four specific types: temporary, bridge-the-gap, rehabilitative, and durational alimony. This enables the court to tailor alimony awards more closely to individual circumstances, with the option for lump-sum or periodic payments.

Adultery Can Impact Alimony

Courts are now allowed to consider the impact of adultery on the couple’s financial situation when determining alimony. This could result in either an increase or decrease in alimony payments.

Nine Factors for Consideration

For an alimony award to be granted, courts are required to weigh nine key factors. These range from the financial needs of the petitioning spouse and the paying spouse’s ability to meet these needs, to more nuanced considerations like the couple’s standard of living, the length of the marriage, and their overall health and contributions to the marriage.

Duration of Marriage

The law now categorizes marriages based on their duration: short-term marriages last less than 10 years, moderate-term between 10 and 20 years, and long-term exceed 20 years. This classification influences the type and length of alimony that may be awarded.

Bridge-the-Gap and Rehabilitative Alimony

The law introduces specific types of alimony designed for transitional periods. Bridge-the-gap alimony can last up to two years and aims to help the receiving spouse adapt to a single life. Rehabilitative alimony can be granted for up to five years to enable a spouse to acquire the necessary skills or education to become financially independent.

Limitations on Durational Alimony

Durational alimony comes with new restrictions based on the length of the marriage. These limitations ensure that the alimony duration is a reasonable fraction of the marriage’s length and can be extended only under special circumstances, which involve multiple considerations like age, disability, and financial resources.

Financial Equity

One of the guiding principles behind the reform is to maintain financial balance. Alimony awards must not leave the paying spouse with significantly less net income than the receiving spouse unless exceptional circumstances warrant it.

Modifying Alimony at Retirement

Alimony payments may be modified or terminated when the paying spouse reaches the standard retirement age, as per Social Security Administration guidelines. This provision is particularly impactful for those nearing retirement and concerned about their financial responsibilities.

The new alimony laws represent a comprehensive reevaluation of how spousal support is handled in Florida. If you have further questions or need a consultation, feel free to contact us at Brunelli Law. Our doors are always open, and we are here to help.

Always remember, you’re not alone on this journey; reach out, and let’s chart the best path forward.

What are the Main types of Alimony in Florida and are They Determined?

Explore the complexities of spousal support in Florida, including the five unique types of alimony and key factors courts consider, to better understand what to expect in your divorce proceedings.

@admin 19 February 2023

Main Types of Alimony in Florida

During divorce proceedings the court might determine that one spouse must pay financial compensation to the other – otherwise known as spousal support or alimony. Florida law acknowledges five unique forms of alimony; they are bridge-the-gap, rehabilitative, durational, permanent, and lump sum payments, which type of alimony is awarded if any depends on specified circumstances of the marriage and divorce.

Bridge-the-gap alimony

is designed to help one spouse transition from being married to being single. This type of alimony is awarded for a short period, typically up to 2 years, and cannot be modified once it has been awarded.

Rehabilitative alimony

is awarded to help a spouse become self-sufficient by providing support for education or job training. This type of alimony can be modified or terminated if the spouse receiving it fails to follow the rehabilitative plan.

Durational alimony

is awarded for a set period, and cannot exceed the length of the marriage. It is typically awarded in cases where permanent alimony is not necessary.

Permanent alimony

is awarded for an indefinite period, and is typically reserved for cases where the receiving spouse is unable to become self-sufficient due to age, illness, or disability.

Lump sum alimony

is a one-time payment that is typically made instead of any other form of alimony. It can be awarded in cases where a spouse is not entitled to ongoing financial support but is entitled to a settlement.

Florida courts consider various factors when deciding how much alimony to award in a divorce case with different types of alimony in Florida. One major consideration is the duration of the marriage.

This period that marriage lasted is an essential aspect since it determines whether one or both spouses contributed towards establishing and sustaining particular lifestyles and careers during this time together. Generally speaking, longer marriages demand greater monetary figures associated with care provision and household management.

Florida law also requires the court to consider other factors, including the standard of living during the marriage, the financial resources of each party, the earning potential of each party, and the contributions made by each party to the marriage.

Keep in mind receiving alimony payments following a divorce settlement cannot be guaranteed in all situations. The courts will only grant such an arrangement if they conclude that it is essential given specific factors unique to the case at hand.

If you are going through a divorce and have questions about alimony, it is important to speak with an experienced attorney who can help guide you through the process. Contact us today to schedule a consultation and discuss your options.

What to watch out for when signing a Will in Florida

Learn why crafting a legally sound will is essential in Florida and how professional guidance can help you avoid common pitfalls, ensuring that your assets are distributed according to your wishes.

@admin 9 January 2023

What Requirements to watch out for when signing Wills in Florida

Creating wills is crucial for preparing for the future, however, it is important to be aware of the legal requirements and potential pitfalls of creating and signing a will in the state of Florida. As a probate attorney serving South Florida, I have come across many cases where insufficient planning or errors during the process led to unintended consequences and conflicts among family members. One prevalent mistake that people make is attempting to draft a will by themselves without professional guidance.

Although many people opt to create their wills to save money, going the DIY route can often lead to mistakes or misunderstandings that can cause legal battles after death. Consulting with a knowledgeable attorney is highly recommended when creating a will to ensure its clarity, comprehensiveness and legal validity. Additionally, making revisions to your will regularly especially when experiencing significant events such as marriage, divorce, having children or acquiring assets is crucial in avoiding unintended consequences like omitting someone or something you wanted included.

To steer clear of potential complications, it is paramount to periodically scrutinize and modify your will every few years, or whenever a substantial life event transpires. It is also essential that you ensure the proper signing and witnessing of your will. In Florida, the act of signing a will necessitates the presence of two witnesses who are not beneficiaries of the document.

The witnesses must sign the will in front of the testator, or the person making their testamentary wishes known and each other. The will must be notarized since this can thwart any legal contests against its validity. To avoid leaving loved ones with financial complications, individuals must create a will. Without a will, known as dying “intestate,” state laws will distribute one’s assets according to their preferences, not of the deceased.

This can bring forth unwanted results, such as having your favorite niece left out of receiving any inheritance. When creating a legally binding document in Florida, it is important to keep in mind all legal requirements before signing anything. To ensure no such mishap occurs and that one’s wishes are carried out accordingly, it is highly recommended that you seek advice from an experienced probate attorney.

One cannot deny the importance of regularly reviewing one’s will to prevent unintentional consequences or disputes among loved ones. Contact us today for a consultation on any inquiries regarding establishing or updating a legally binding will.

Understanding The Power of Attorney for Minor Children

Discover the importance of establishing a power of attorney for minor children to ensure their well-being in unforeseen circumstances.

@admin 11 December 2022

Power of Attorney for Minor Children in Florida:

Parents always have their children’s best interests at heart but we cannot predict unforeseen situations such as severe sickness or accidents which might leave your child without parental guidance. A power of attorney for minor children in Florida is a legal document that allows parents to assign trusted guardianship over their offspring in case the worst happens. Parents who cannot care for their children may require assistance from trusted individuals such as agents appointed under a power of attorney for minor children.

These agents can make critical decisions about children’s lives regarding their health and welfare without needing parental consent every time a decision needs to be made. If planning for every possible outcome isn’t part of your parenting mantra yet – it should be! And one crucial element of being ready for anything is appointing a legal guardian for your child (or children). Selecting the ideal candidate could mean choosing someone who already shares a special bond with them – but also has what it takes regarding responsibility and capability. Alongside this appointment is designating an alternate agent when necessary.

You can even customize how much control each person has according to what works best for everyone involved. When neglected, the absence of a power of attorney for minor children can greatly impact their well-being.

If circumstances arise where you are unfit to take care of your child without prior planning, they could potentially face being taken into foster care or worse, only further highlighting the need to work alongside a lawyer who will aid in drafting an enforceable power of attorney.

If you have questions or concerns about establishing a power of attorney for your minor child, contact us today to schedule a consultation and discuss your options. With years of experience serving the community in South Florida, we can help guide you through the process and help you make the best decisions for your family’s future.