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Miami Business & Commercial Law Blog

What should I know before signing an employment contract?

While you may be excited by the prospect of working for a new employer in Florida, that doesn’t mean you should rush into the signing of an employment contract. Understanding the agreement you’re offered is crucial to ensure your best interests are kept in mind, which entails comprehending the clauses and negotiating effectively. Monster.com offers the following advice, which will allow to enter into a new job under the best possible circumstances.

Understand At-Will Employment

How to revise an estate plan after a divorce

Hundreds of thousands of people across the United States file for divorce each year. Florida actually has one of the highest divorce rates in the country, according to data from 2017

There is a lot of paperwork you need to go through during this process, but one piece you do not want to overlook is your estate plan. It is easy to forget about a will and trust, but you probably do not want a former spouse to be the primary beneficiary on those documents. Therefore, once the divorce is final, you need to review those documents to update everything. 

Tips on negotiating a contract

As a business owner in Florida, contract negotiations are probably common aspect of doing business. Being savvy with negotiations will ensure that your contracts contain favorable terms while also preventing disputes from occurring down the line. Entrepreneur offers the following advice when entering into contract negotiations, which can help you and your associates create a valid and legally binding document.

Don’t Accept the First Contract You Receive

Declaring a condo in Miami

Condominiums are popular in many parts of Florida, and Miami is no exception. This type of ownership could potentially provide benefits to long-time renters, investors and property owners. Whether converting an existing building to condos or working with new construction, stakeholders would have to complete several steps. One of the most significant actions is completing a declaration of condominium.

The declaration process requires some significant effort, but one would not necessarily have to wait until construction was completed at a property before taking steps towards finishing the document. The fact that documents might be submitted regardless of the state of completion of the units described is often a boon to contractors and developers, especially those operating on a tight schedule.

How to make a valid Florida will

Planning out your will's provisions is a valuable step towards achieving a disposition of your property according to your wishes. However, you also need to ensure your will complies with Florida's formal requirements, which may differ from those of other states. Otherwise, the probate court may deem your will invalid and distribute your property according to intestacy laws.

For this reason, the will forms you find online may not be your best option. Additionally, fill-in-the-blank wills may not provide the flexibility you need to incorporate the provisions that best serve your purposes.

Understanding Florida’s construction lien law

At Welbaum Guernsey Hingston Gregory & Black, LLP, we understand that as a Florida contractor, you sometimes encounter difficulties when a homeowner refuses or neglects to pay you the full amount due for the work you did for him or her. Per the Florida Department of Business & Professional Regulation, one of your options is to file a lien on the homeowner’s property.

You can file such a lien if the renovation, remodeling or home improvement work you contracted to perform amounted to over $2,500. You must, however, comply with the stringent rules and regulations applying to such liens.

Update on the Florida International University bridge collapse

Most Florida residents remember the tragic collapse of a pedestrian bridge that was under construction near Florida International University. The bridge was being built to make it safer for people to cross a busy street. Unfortunately, as you may be aware, last March a portion of the bridge collapsed and killed one construction worker and five people in vehicles that were stopped at a red light beneath the bridge. At Welbaum, Guernsey, Hingston, Gregory & Black, L.L.P., we are always saddened to hear about a construction project harming someone, and we are prepared to answer the questions of those affected by faulty construction.

Engineers and federal agencies have been investigating the factors surrounding the project and attempting to get answers as to how the project failed. The Miami Herald reported that officials from the National Transportation Safety Board may take up to two years to reach a conclusion. As you may have heard, people were worried about cracks that had appeared near the bridge’s supports.

What happens if you die without a will?

If you live in Florida and have yet to make a Last Will and Testament, you may wish to remedy that situation as soon as possible. Why? Because having a will is the only way you can ensure that when you die, your assets will go to the people you want to have them. Without a will, the State of Florida decides who gets your assets, and this may well have nothing to do with your own wishes. Such are the perils of intestacy.

Under Florida’s intestacy laws, your spouse and your children are your primary heirs and take precedence when Florida distributes your assets after you die without a will. Other family members, too, such as your grandchildren, parents, siblings and more distant relatives, can also qualify as your heirs in certain situations.

What makes a contract legal and binding?

Years ago, a person's word was as good as gold. A handshake or a simple nod of the head could signal two parties agreed, and they depended on one another to keep up their ends of the deal. Today, with disagreements played out on social media and lawsuits over spilled coffee, do you trust your Florida neighbor in the same way neighbors used to trust? 

It is a valid concern that people may not keep their word as much as they once did, but a bigger question is whether a spoken agreement is, in fact, a contract. Could it be that an oral pact you make with a friend, neighbor or business colleague simply cannot stand as a legally binding agreement in a court of law?

How can I handle racism in the workplace?

Even if you take great strides to remove racism from your Miami workplace, chances are it may still persist. Accordingly, it’s up to you to ensure everyone is treated fairly, no matter their race, gender, sexual orientation, or country of origin. Inc. offers the following tips for quelling racist behaviors and actions in your place of work.

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