Dickman Law Firm Dickman Law Firm 2026-09-01T16:03:11Z https://www.dickmanlawfirm.org/feed/atom/ WordPress /wp-content/uploads/sites/1103846/2024/06/cropped-dickman-site-icon-32x32.jpg On Behalf of Dickman Law Firm <![CDATA[Can A Florida Contractor Be Liable For Defective Work?]]> https://www.dickmanlawfirm.org/?p=52708 2026-08-27T16:04:02Z 2026-09-01T16:03:11Z When A Contractor May Be Responsible A contractor may face liability when poor workmanship causes damage or when completed work fails to meet applicable construction standards. The construction contract and the nature of the defect can affect who may be responsible. Common construction defects can include:
  • Roofing that allows water to enter a home
  • Plumbing that causes repeated leaks
  • Grading that directs water toward a foundation
  • Electrical work that creates safety hazards
  • Defective materials used during construction
Under Chapter 558, a property owner generally must provide written notice describing the alleged defects before filing a construction defect lawsuit. This process gives the contractor an opportunity to inspect the property and respond. Reviewing the contract, inspection reports and photographs can help identify the defect and its possible cause. Legal assistance can also help in evaluating whether the contractor or another party may have legal responsibility.

What Happens After A Defect Appears?

A contractor may not be the only party responsible for defective work. A subcontractor, architect, engineer or material supplier may also have played a role. For example, a roof may leak because it was installed incorrectly or because the roofing materials were defective. Keeping photos of the damage can help show what went wrong. Saving repair estimates and messages with the contractor can also provide useful records if a dispute arises. Florida law also sets time limits for construction defect claims. Some claims have a four-year deadline. Many also have a seven-year outside limit. These deadlines can affect whether a legal claim may still be available.

When Repairs Become A Dispute

Defective construction can leave you facing costly repairs and questions about who should pay. Identifying the defect, its cause and the parties involved can help clarify whether a contractor may be legally responsible.]]> On Behalf of Dickman Law Firm <![CDATA[How Are Marital Debts Divided During a Florida Divorce?]]> https://www.dickmanlawfirm.org/?p=52703 2026-08-17T09:33:04Z 2026-08-20T09:32:44Z How Florida Courts Classify Marital Debt Florida follows the principle of equitable distribution. Under Fla. Stat. § 61.075, courts identify which debts belong to the marriage and which remain the responsibility of one spouse. Marital debts generally include liabilities that either spouse incurred during the marriage, whether individually or jointly. Debts that existed before the marriage often remain separate unless the spouses combined or refinanced them together.

Factors That Affect Debt Division

A court does not always split marital debt equally. Instead, it considers what is fair based on the facts of the case. Relevant factors may include:
  • When the debt was incurred
  • The purpose of the debt
  • Which spouse benefited from the debt
  • Each spouse's financial circumstances after the divorce
  • Whether one spouse unnecessarily increased debt before the divorce
These factors help the court reach a balanced result based on each family's circumstances.

What Happens After the Divorce?

A divorce judgment can assign responsibility for paying specific debts between spouses. However, creditors are not bound by that judgment if both spouses signed the original agreement. A lender may still seek payment from either borrower under the loan contract. Fla. Stat. § 61.075 explains how courts allocate marital liabilities between spouses, but it does not change a creditor's contractual rights. A fair division of debt depends on more than who made the purchases or whose name is on the account. When the debt was incurred, how it was used and each spouse's financial situation can all play a role. Understanding these rules can help people better prepare for the financial side of divorce. Dividing marital debt involves more than deciding who pays each bill. The type of debt, when it arose and each spouse's circumstances can all influence the outcome. Learning how Florida courts approach debt division can help people make informed decisions throughout the divorce process. If questions arise about a specific situation, seeking legal guidance may help clarify available options.]]> On Behalf of Dickman Law Firm <![CDATA[Can A Repair Offer Resolve A Construction Defect Claim?]]> https://www.dickmanlawfirm.org/?p=52694 2026-08-13T13:08:42Z 2026-08-18T13:07:41Z What Must A Repair Offer Include? If you offer to repair an alleged construction defect under Chapter 558, your written response must explain the proposed remedy. A repair offer must include the following details:
  • Description of the repairs you propose to complete
  • Timetable for completing the proposed repair work
  • Statement explaining whether the repairs will fully remedy the alleged defect or settle the claim in part
These details define the remedy you are offering. If your proposal addresses only some of the alleged defects, the claimant may continue to pursue the unresolved parts of the claim. A repair offer can therefore resolve a dispute only to the extent that the claimant accepts its terms.

Does The Owner Have To Accept The Offer?

A property owner does not have to accept a Chapter 558 repair offer. The claimant may reject the proposal and continue with the claim after completing the required pre-suit process. Rejecting the offer does not establish that you caused the alleged construction defect. The repair offer can still identify the remedy you proposed and the issues that remain unresolved. For example, the claimant may argue that your proposal leaves some damage unrepaired, while you may dispute whether your work caused that damage. If the parties cannot resolve those disagreements, the construction defect claim may proceed to litigation.

How Do Repair Offers Affect Defect Claims?

A repair offer can give the parties a way to address an alleged construction defect without immediately turning the dispute into litigation. It allows the contractor to identify a proposed solution and gives the property owner an opportunity to evaluate whether that solution addresses the claimed problem. Along with the repair offer, the parties may consider the construction contract, project records, inspection findings, and other information related to the alleged defect. These materials can provide additional context about the work performed, the concerns raised, and the issues involved in the dispute.]]> On Behalf of Dickman Law Firm <![CDATA[Can You Buy a New Car While Your Divorce Is Pending in Florida?]]> https://www.dickmanlawfirm.org/?p=52700 2026-07-29T08:54:38Z 2026-08-03T08:53:07Z During a divorce, individuals must exercise caution regarding significant financial expenses. Purchasing a vehicle is undoubtedly one of them. Here is the essential information required to make an informed decision.

What Hurdles Might You Face?

In most cases, Florida circuit courts issue a temporary domestic relationship order to freeze the couple’s assets and allow for basic ongoing expenses only. This usually prevents either party from making major financial decisions. Furthermore, the order may prohibit selling, transferring, or hiding both marital assets and nonmarital property. It can be challenging to bypass this restriction without written consent from your spouse or a formal court order.

Impact On Asset Division

In Florida divorces, purchasing a high-value item can introduce significant complications to the property division proceedings. The two primary risks include:
  • Classification as a marital asset: Since your marriage hasn’t legally ended yet, any property that you buy now may be classified as a marital asset, subjecting it to equitable distribution.  
  • Perceived asset depletion: The purchase of high-value products or services can lead the court to perceive your expense as an intentional attempt to deplete marital assets. 
  Understanding these potential legal obstacles is a crucial step in evaluating your options before making a major purchase. 

When Buying a Car is Necessary

While buying a car can complicate things, if it is necessary – such as needing reliable transportation to get to work or take your children to school – you might still be able to proceed. However, you have to be very careful and transparent. Thoroughly document the purchase cost, your reasoning, and the specific fund you utilized. It will be prudent of you to consult with a divorce attorney before making any financial decision.   ]]> On Behalf of Dickman Law Firm <![CDATA[How Debts and Tax Obligations are Managed in Florida Probate]]> https://www.dickmanlawfirm.org/?p=52698 2026-07-17T10:31:20Z 2026-07-22T10:30:22Z Notifying Creditors of the Estate The personal representative must diligently locate and notify all creditors. Failing to do so exposes the representative to personal liability for breach of fiduciary duty, while properly notifying creditors protects the estate from unexpected late claims after they distribute the assets.

Paying Debts in the Right Order

Florida law sets a strict statutory order for paying claims against an estate, which is as follows:
  • Class 1: Expenses of administration and compensation of personal representatives and the attorneys’ fees.
  • Class 2: The statute limits preferred funeral expenses to $6,000, regardless of whether a guardian under Chapter 744 or the estate pays them. If expenses exceed this cap, the probate code relegates the remaining balance to Class 8.
  • Class 3: Debts and taxes with preference under federal law, medical aid recovery claims and claims in favor of the state for unpaid court cost, fees or fines.
  • Class 4: Reasonable and necessary medical and hospital expenses of the decedent’s last 60 days of the last illness, including compensation of persons attending the decedent.
  • Class 5: Allowance for family.
  • Class 6: Arrearage from court-ordered child support.
  • Class 7: Claims for debts incurred after the death of the decedent to continue a business, limited strictly to the extent of the assets of that business.
  • Class 8: All the other claims.
After paying a preceding class in full, an estate may lack the funds to completely cover the next class of creditors. In this situation, the representative must distribute any remaining funds ratably among them.

Filing the Decedent's Tax Return

The representative files the decedent's final income tax return (Form 1040) and, if applicable, the federal estate tax return (Form 706). While Florida has no state estate tax, if the estate earns income during probate, such as interest or rent, the representative must file IRS Form 1041 to report those earnings.

Closing the Estate

Once all debts and taxes have been cleared, the personal representative files a final accounting with the court along with a request for discharge. Beneficiaries will then receive their remaining inheritance, free of creditor claims. Following the proper legal procedures can help the personal representative avoid liability and bring the estate to a timely close.]]> On Behalf of Dickman Law Firm <![CDATA[When weather delays your construction project in Florida]]> https://www.dickmanlawfirm.org/?p=52684 2026-07-15T09:14:02Z 2026-07-20T09:13:12Z When contract language matters Having a force majeure clause in your construction contract acts like a safety net. It allows you to be temporarily excused when something unexpected and out of your control occurs to your current project. In Florida, this can refer to extreme weather conditions like hurricanes, tropical storms and floods. The specific wording of your contract governs and protects your rights. Unclear contract terms are harder to defend in court and can make you responsible for events out of your control. Your force majeure clause needs to be explicit to make it easier to enforce.

What counts as an excusable delay

Not every rainy day qualifies for a schedule extension on your construction project. In Florida, courts generally consider an unforeseeable event as a valid reason for a delay. A sudden hurricane or severe storm usually grants you an extension of time. However, a normal afternoon shower during the Florida summer is seen as an inexcusable delay. These refer to events that are reasonably expected to occur and should be factored into your original project schedule.

Best practices to take note of

When you are overseeing a construction project, you need to do your due diligence to ensure your own legal protection. In Florida, you generally have 5 to 10 days to provide written notice of a delay. Missing this deadline can cause you to lose your right to an extension. Keeping detailed daily logs of site conditions, wind speeds and local evacuation orders can also help show that you took reasonable steps to mitigate damages. These records can also prove that you secured the site prior to the event and resumed work as soon as it was safely possible.

Protecting your bottom line

While weather delays are inevitable in Florida, legal disputes do not have to be. Clear contract terms and meticulous documentation can be your best defense when extreme weather disrupts your construction job. A lawyer can help you review your agreement terms and procedures to ensure your project remains on solid legal and financial ground.]]> On Behalf of Dickman Law Firm <![CDATA[Understanding the Fiduciary Duties of a Personal Representative in Florida Probate]]> https://www.dickmanlawfirm.org/?p=52679 2026-07-03T22:32:26Z 2026-07-01T09:36:43Z standards of care, impartiality, and transparency.

Fiduciary Standards and Managing Estate Assets

A personal representative's authority is strictly confined by the decedent's will, judicial orders, and applicable state statutes. Pursuant to the Florida Statutes, a personal representative is held to a fiduciary standard comparable to that of a trustee of an express trust. Engaging in self-dealing, unauthorized conflicts of interest, or commingling personal funds with estate assets constitutes a direct breach of that duty. Upon receiving letters of administration, the personal representative must take possession of estate property and prepare a detailed inventory. Pursuant to Florida Probate Rule, a verified inventory reflecting the fair market value of all probate assets as of the date of death must be filed with the court within the timeframe established by the rule.

Creditor Claims and Final Accounting

One of the primary purposes of Florida probate is to ensure that legitimate debts are satisfied before assets are distributed to beneficiaries, as the personal representative must execute the notice to creditors protocol. Known creditors must be directly served, granting them 30 days from the date of service to file a formal claim. Additionally, if the decedent maintained a safe-deposit box, a verified inventory of its contents must be filed with the court within 10 days of its initial opening. When paying valid claims, the personal representative must follow the statutory order of priority to avoid personal liability for any shortfalls. Once all debts are cleared, a Final Accounting may need to be presented to beneficiaries prior to filing a Petition for Discharge. Meeting these obligations requires precise legal knowledge and a thorough understanding of Florida probate procedure. An experienced probate attorney can help ensure that every fiduciary responsibility is fulfilled in full compliance with applicable statutes and court rules.  ]]> On Behalf of Dickman Law Firm <![CDATA[3 mistakes to avoid during the divorce process in Florida]]> https://www.dickmanlawfirm.org/?p=52667 2026-06-16T20:30:52Z 2026-06-15T09:00:57Z Hiding assets or being dishonest about finances Florida generally requires full financial disclosure during divorce proceedings. You might feel tempted to hide money, property or other assets to get a better outcome. However, this approach may backfire. Courts take financial honesty very seriously, and if they catch you hiding assets, your actions could damage your credibility. Judges may penalize you for this behavior. This might result in a less favorable settlement than if you were upfront from the start. Instead, consider gathering all your financial documents early in the process. This includes bank statements, retirement accounts, property deeds and business interests. Transparency with your finances helps move things along more smoothly and builds trust with the court.

Making major financial decisions without thinking ahead

Divorce can be a stressful and pressing matter. You might feel pressured to make major financial decisions quickly. However, actions such as selling your house, closing joint accounts or making large purchases without considering the future could cause problems. Your actions might affect property division, and the court might even see them as an attempt to waste marital assets. Before making any significant financial decision, you may want to consult with your attorney or a financial advisor. Understanding how your choices today can affect your future can help you avoid unnecessary hardship. This is especially true for decisions involving retirement accounts, real estate or business assets that have tax implications.

Letting emotions drive your decisions

Divorce brings up strong feelings like anger, sadness and frustration. While these emotions are completely normal, letting them control your decisions can lead to outcomes you will regret later. Fighting over items with little monetary value or refusing reasonable settlement offers just to spite your ex-spouse usually costs more in legal fees and emotional energy than it is worth. It might help to approach your divorce as a formal transaction. Focus on your long-term goals and what truly matters for your future. This mindset can help you make clearer decisions and potentially reach agreements more efficiently.

Your knowledge can help you during the divorce

Avoiding these mistakes can help you protect your interests and make more informed decisions over the course of your divorce. Being honest and careful with your choices before making any major decision can help you navigate your separation with confidence.]]> On Behalf of Dickman Law Firm <![CDATA[Can A Contractor Walk Off A Job If They Aren’t Paid?]]> https://www.dickmanlawfirm.org/?p=52665 2026-06-03T13:37:18Z 2026-06-08T13:36:08Z Payment disputes are one of the fastest ways for a construction project to unravel. When a client’s payments suddenly stop, many contractors begin asking the same question: Can they legally stop the work and walk off the job? In Florida, the answer depends heavily on the construction contract, the timing of the dispute and the specific circumstances involved. If you’re in this situation, you may have legal remedies for your payment problems, but leaving without following the rules outlined in your contract can have serious legal and financial consequences. Here is what you need to keep in mind:

The Contract Generally Controls The Situation

The first place you should look is the construction agreement itself. The contract language should address payment obligations and suspension rights, and that will likely dictate your options. The wording of these provisions can significantly affect whether stopping work is legally justified. Some questions that must be asked include:
  • Does the contract have a valid, unambiguous “pay-when-paid” or “pay-if-paid” clause? If so, that can affect your right to stop work, at least for a certain time or until certain notices have been given.
  • Is there a stoppage or suspension provision? Some contracts specifically address what happens when payments aren’t made on time. A stoppage or suspension provision may allow you to slow or stop performance outright after you give the owner a chance to cure the default. 
It can be difficult to understand exactly what your rights are until the contract as a whole has been evaluated, particularly if you’re involved in a large project. Contracts typically seek to limit the ability of contractors and subcontractors to walk away from a job for any reason. One party leaving a job can trigger a chain reaction that affects inspections, financing, other subcontractors, occupancy deadlines and more. 

Walking Off a Job Always Creates Legal Risks

No matter how frustrated you are by the nonpayment, assuming that you can simply abandon the project can end up leaving you with substantial legal and financial liabilities:
  • You could endanger your business license. Under Florida Statute § 489.129, the abandonment of a project without justification can result in disciplinary measures by the Florida Department of Business and Professional Regulation. 
  • You can be sued in civil court for breach of contract. If the owner is successful, you could be made to return deposits or advance payments you already received, cover the additional costs for a replacement contractor and pay for damages tied to the project’s delay. 
Ultimately, your first move should rarely involve the “nuclear” option of walking away from a job because of payment concerns. Start with clear documentation, a careful review of the terms outlined in your contract and – if you are wise – a consultation with a skilled construction law attorney. That way, you can fully understand your rights, obligations and potential risks, before you make a move. ]]> On Behalf of Dickman Law Firm <![CDATA[Understanding Progress Payments and Retainage]]> https://www.dickmanlawfirm.org/?p=52653 2026-05-04T14:51:24Z 2026-05-07T14:50:48Z Most construction projects are not paid in a single lump sum at completion. Instead, payments are typically made in stages as work progresses.  Two key components of this structure are progress payments and retainage, and both can become sources of dispute if they are not clearly defined in the contract.

What Are Progress Payments? 

Progress payments are issued periodically as work is completed, usually at specific milestones or monthly billing cycles. For contractors, these payments are essential for maintaining cash flow to cover the cost of labor, materials, and equipment throughout the life of the project. For property owners, progress payments provide a way to tie payment to completed work. Disputes frequently arise over what constitutes “complete” work. A contractor may determine that a phase has been finished and submit an invoice, while an owner may disagree or raise concerns about the quality of the work. Additional issues can include delays in approval, insufficient supporting documentation, or payment withheld due to unrelated disputes.

What Is Retainage?

Retainage is the portion of each payment – commonly five to ten percent - that is withheld and only paid upon substantial completion of the project. The purpose of retainage is to give the property owner some leverage to make sure the contractor will complete their work and address any final repairs or deficiencies. In practice, however, retainage is a frequent source of conflict. Contractors and owners sometimes have differences of opinion about what “substantial” completion means. If substantial completion is not clearly defined, or if minor punch list items delay final payment, disagreements can escalate. Many of these issues can be traced back to poorly drafted contracts. Clearly defined terms regarding how progress payments are calculated, what documentation is required, and when retainage must be released can prevent disputes before they arise. If questions arise regarding withheld funds or contract terms, consulting with an experienced construction law attorney can help clarify rights and reduce the risk of further disputes.]]>