Edward Jay Kinberg's Answers

I just recieved a letter was called "Motion to Confirm Arbitration Decision" Do I need to do anything at this point?

If you think there is a problem with the arbitration decision, you need to respond with a motion in opposition. A motion to confirm arbitration will result in the court entering a judgment against you based on the arbitration award which can be enforced through a collection action. There are very limited reasons for challenging an arbitration decision in Florida. You need to consult with an attorney to determine if you have a basis to challenge the award.

We have been enmeshed against our HOA. The CCRs clearly state that the HOA is responsible for repair and replacement of our roof

Your best source for answering your question is the attorney you have hired. As a general rule, neither party is requried to arbitrate unless there is an arbitration requirement in your CCR. If that is the situtation, the matter must go to arbitration unless both parties give up that right. Your refernce to a "demand letter" is not clear, i.e. do you mean a letter demanding your roof be repaired or replaced or a demand for arbitration. If it is simply a demand to repair the roof, your...

FL partnership laws

If each of you own 50% of the property, neither of you can force the other to sell the property without a court order unless the agreement between the two of you gives one of you the authority to sell the property. You did not indicate if you own the property personally, as a partnerhhip, a LLC, corporation or trust. The manner in which you own the property can have an impact on who or how the property can be sold. More importantly, if the property is not in some of jointly controlled name,...

MORTGAGE AND DEED

Unfortunatley, there is no simply answer to this question. You did not state whether you husband was put on the deed when the condo was refinanced. Equally important, his rights could be effected by the extent of his contributions the mortgage and other costs related to homeownership. You need to review this issue with a family law attorney in your community. The foregoing is for informational purposes and should not be relief upon in the place of consultation with a qualified...

Noncompete

As was noted in the previous answer, non-competes are difficult to break. In some cases, you can negotiate a change that will reduce the scope of the non-compete. If you wan't to break it properly, you would need to file a legal action to have a court declare it void or limit its scope. As a general rule, non-compete's must be reasonable in length of time and geograpic scope. If you wan to challenge the validity of the agreement you would have to convicne the court that you were...

Construction--non payment for work done beyond scope of contract

First, Mr. Blanksey provided a good answer, this is a supplement. If you have provided a contractor's final affidavit from the owner, you are going to have a difficult time collecting anymore. The Final Affidavit form states you are givng it for the purpose of obtaining final payment. There is a fear chance you did not use the contractor's final affidavit. You need to be careful with what you do. If you file a lien without a legal right to do so, for example you gave a final affidavit or...

Subdivision lot sale

There is not enough information to answer your question, some deed restricted communities have a provision in the recorded documents that only allows builders approved by the association to build in the development. In addition, there may be rules requiring a minimium size house, number of rooms or style of construction. You need to carefully review all documents related to your ownership of the lot and should discuss with issue with an attorney familiar with real estate law in the state in...

Can a sub-contractor put a lien on our property if he is not paid in full by the general contractor?

This information is given for educational purposes only. No attorney-client relationship exists between us. The answer to your quesation depends on where you live as each state has its own rules for construction liens. In Florida a subcontractor that has served a notice to owner on the owner within 45 days of the first day of the subs work can record a lien against your property for up to 90 days after the last day the sub worked at your property. Once you receive a Notice to...

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Dissolve "S" corp.

Unfortunately, this has to be answered by an Arizona attorney as it is an issue of State law. In Florida, all corporations doing construction have to be "qualified" by a licensed contractor. If you are the "qualifier" for the business, you are responsible for complying with the statutory duties of a "qualifier" whether or not you are the owner. If the company you are qualifying violates the statutes regulating construction, the qualifier could lose his/her license. It is critical...

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Business Law

You need to have this answered by an attorney in your home state. You may not have a fiduciary duty but you may have a statutory duty to ensure subcontractors are timely paid. In Florida, once a subcontractor serves a notice to owner on the owner and contractor, each is responsible for ensuring a partial release of lien has been provided by the subcontractor that served the notice each time payment is issued to the prime contractor. If the waiver is not provided, the payment will be...

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