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Miami Business & Commercial Law Blog

What do you do when your home contractor isn't doing the job?

Your home is important to you -- so when you hire a contractor to do renovations or build an addition, you expect your contractor to live up to his or her end of the bargain.

So, what do you do when the work seems to crawl to a stop, leaving you with an unfinished project? Here's the best way to handle the problem:

Is your business tangled up in a dispute? Consider hiring a judge

Is your business in a legal dispute with someone? Depending on the nature of the dispute -- and your desire to resolve the issue quietly and quickly -- you may want to consider hiring a private judge.

Hiring a private judge to settle a civil suit between two businesses or your business and a private individual doesn't mean that you can influence the verdict in any way. However, there are some other definite benefits.

Walmart allegedly in violation of Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is designed to prohibit discrimination against the disabled in a number of areas, including commerce. Many small businesses regularly run into difficulty with ADA compliance and find lawsuits over compliance both common and cumbersome.

However, small businesses aren't the only ones that can run afoul of the ADA. Large companies can also overlook some big issues.

What's fraudulent misrepresentation in a business deal?

In any business deal, all the involved parties are expected to look out for themselves, but that doesn't mean that a party can resort to trickery just to make a deal.

A fraudulent misrepresentation is a type of deliberate untruth that one party uses to lure another party into a deal. Fraudulent misrepresentation can happen when one party purposefully lies to the other, omits information that he or she should have disclosed or recklessly states something as a fact even though he or she has no way of knowing the truth of the matter.

What is a constructive eviction?

What can a tenant do when a landlord fails to maintain a property in a way that he or she is legally obligated to do?

In effect, tenants can allege that they have been the victim of a "constructive eviction." As a result, they may be entitled to end the lease and vacate the premises without owing the landlord anything further.

Avoid deceptive advertising on social media

"Native" ads are designed to fit right into a social media feed in a way that enhances the viewer's experience, rather than detracting from it. Unfortunately, some companies have gone too far in their efforts to disguise paid-for content as something organic.

That can land you in big trouble with the Federal Trade Commission. To avoid complaints and expensive litigation, here are the things you need to remember when you create ads that double as interesting or entertaining content for social media:

What is a defective work claim in construction disputes?

A defective work claim is one of the most common sources of conflict during construction. Property owners are understandably upset when they find out that their new home suffers from a serious construction defect that is going to be expensive -- if not impossible -- to fix.

However, it isn't always easy to determine who is really responsible for the problem. Some construction defects -- like badly fitted windows that leak or improperly installed flooring -- can be easily traced to their source. In other situations, like when a foundation turns out to be cracked because the home was built on improperly prepared soil, it may be harder to determine exactly who should shoulder the responsibility (and cost).

Mother, son sued in alleged Florida business fraud

A Naples man and his mother have been sued in U.S. District Court for allegedly running a fraudulent scheme to illegally gain more than $70 million. They stand accused of artificially raising the prices on supplies purchased by foreign companies doing business in the gas and oil sector.

The son and his mother have been accused of a number of complaints: unjust enrichment, conversion, civil theft, fraud and fraudulent transfer, according to the court documents.

The trouble with home warranty plans

Home warranty plans have been picking up in popularity, mostly thanks to aggressive advertising campaigns that appeal to the homeowner's worry that something expensive will suddenly break and need a repair.

In the ads, the home warranties seem like the perfect insurance policy for the savvy homeowner who wants to avoid serious financial strains when an appliance or heater malfunctions or quits. Unfortunately, most consumers miss the fine print included with those warranties -- and they may not get what they think they are buying.

2 tips to use when placing a mechanic's lien on a property

A mechanic's lien is essentially a tool used in debt collection by contractors and subcontractors when the bills for a construction project have gone unpaid.

Mechanics liens put a hold on a property's title, making it impossible to sell until the contractor is paid. In many cases, it's an effective measure -- particularly when a property owner hopes that improvements to the property will help him or her eventually make a profit on a real estate investment.