Dickman Law Firm Dickman Law Firm 2026-07-20T09:13:12Z 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[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.]]> On Behalf of Dickman Law Firm <![CDATA[Managing Scope Creep in Construction Projects]]> https://www.dickmanlawfirm.org/?p=52644 2026-04-20T07:14:18Z 2026-04-23T07:13:24Z If you’re a contractor, “scope creep” can be the bane of your existence. Scope creep happens when the work required under a construction contract expands beyond what was originally agreed upon, often without a formal change order or adjustment to the expected price and timeline.  Vague assumptions, “quick favors” and sudden changes in vision or goals can pile up. Suddenly, the project has expanded beyond all recognition, costs are spiraling and the contractor no longer has everything in writing. Left unmanaged, scope creep can lead to payment disputes, project delays, damaged working relationships and reputational damage, or even litigation. 

Why Scope Creep Happens

Scope creep often starts with miscommunications and incomplete planning. Common causes include: 
  • Vague or poorly defined work orders and agreements
  • Incomplete plans or undefined specifications at the beginning
  • Undocumented project changes that compound 
Pressure to keep a project moving can sometimes contribute, since that can make it inconvenient to stop and address the cost of changes before they are made. Owners and developers alike can also simply underestimate how complicated a “small” change might be. Finally, the longer the project, the more likely unexpected events will result in change orders.

The Real Risk to Contractors 

Scope creep can directly affect a contractor’s profitability and liability. It can be difficult to collect on the extra costs for any extra work when there is no written authorization. At the same time, refusing to perform any requested changes – no matter how small – without first getting documentation can strain your relationship with your client and delay the project. In other cases, disputes can erupt between you and your client due to differing interpretations of the original contract. Your client may believe that something was included in a general description, but it was never on your radar in the first place. Those types of disagreements can quickly escalate.

What Contractors Can Do to Protect Themselves

Good communication and a proactive approach to the issue in your contracts is the best protection you have against scope creep. You need to:
  • Precisely define the scope of the project: Get detailed. Be granular. Your contracts should clearly define not only what is included in your project and price, but also what is specifically not your responsibility and excluded. Ambiguity is legally dangerous.
  • Have clear change order procedures: Changes to projects are bound to happen, so your contracts need a written process for handling them, as well as an agreement on the fact that adjustments will be made to both the timeline and cost.
  • Document everything: Verbal agreements and handshake deals create problems. You need detailed records of all change requests and written authorization before you proceed with any work outside of the original scope. If you worry about efficiency, immediately write an email to confirm your understanding of the change order and ask the client to reply with an affirmation or any additional changes. 
  • Get everybody together: Start by having all the stakeholders together for the early discussions, then schedule regular times to communicate progress or concerns. That will help keep everybody cognizant of all changes and any shifting goals. 
Finally, it is essential to be blunt. If a requested change will affect the quality, timeline or price of a project, make sure that you inform the other parties – in writing – of exactly what they can anticipate. Get in the habit of sending confirmation emails, too, whenever in-person communications result in changes to the plans. When disagreements do arise about the scope of a construction project, the outcome often depends on the contract language and the available documentation. The court or arbitrator will typically look at whether work was authorized and proper procedures were followed. With clear contracts and a disciplined approach to documentation, you can work with the requested changes without negatively affecting your bottom line.]]> On Behalf of Dickman Law Firm <![CDATA[Are Pay-if-Paid Clauses Enforceable in Florida?]]> https://www.dickmanlawfirm.org/?p=52637 2026-04-09T10:22:21Z 2026-04-14T10:21:53Z Subcontractors typically anticipate payment upon completion, but a pay-if-paid clause can place that at risk. It ties your payment to whether the owner pays the general contractor. Pursuant to Florida law, this risk shift is not always enforceable and the outcome often turns on precise contract language.

When Your Right to Payment Depends on the Owner

In Florida, courts draw a clear line between pay-if-paid and pay-when-paid clauses. A pay-if-paid clause makes owner payment a condition precedent, meaning you may not receive payment if the owner does not pay. A pay-when-paid clause affects timing but does not eliminate your right to payment. Florida courts require clear, unambiguous language and do not presume you accepted nonpayment risk. If the clause is unclear, courts will construe it against the party who drafted it, which is usually the general contractor who presented the subcontract to you. These indicators often support a valid pay-if-paid clause under Florida law:
  • Payment is a “condition precedent,” or “contingent upon and subject to”
  • You assume the risk of owner nonpayment
  • Payment terms remain consistent across provisions
  • Payment is expressly conditional, not merely delayed
If these elements are absent, your payment right may remain intact. However, any internal conflict with other payment deadlines creates an ambiguity that can render the pay-if-paid clause unenforceable.

How to Evaluate Your Contract Before a Dispute Escalates

You can assess your position before a dispute escalates. Florida law provides remedies beyond the contract. While a valid pay-if-paid clause may provide a general contractor with a defense against a breach of contract claim, it generally cannot be used to waive or extinguish a subcontractor’s statutory lien rights in Florida. Even if owner payment is a true “condition precedent” to the GC’s obligation to pay, Florida law prevents the indirect waiver of lien rights, ensuring a subcontractor can still seek recovery against the owner’s property interest. You may also need to consider notice and timing requirements, as Florida imposes strict deadlines that can limit your leverage. Other terms, including retainage and change order provisions, may also affect payment timing and risk. A careful review can clarify how these provisions interact and where risk allocates on the project.

Do Not Let Contract Language Dictate Your Cash Flow

A single provision may shift substantial financial risk, which often increases on large projects. Florida courts require unequivocal, explicit language that demonstrates you knowingly assumed the credit risk of the owner before they will enforce a pay-if-paid clause against you. Early review of your contract with legal guidance can help you see the real risk and help you understand how lien rights and contract terms interact.]]> On Behalf of Dickman Law Firm <![CDATA[What Happens If Your Contractor Walks Off The Job?]]> https://www.dickmanlawfirm.org/?p=52640 2026-04-08T09:25:07Z 2026-04-13T09:24:29Z Confirm The Contractor Has Abandoned The Project Before taking action, it is essential to confirm whether your contractor has truly abandoned the project. Delays or missed deadlines do not always mean abandonment. Common indicators of abandonment include prolonged absence from the job site, failure to communicate, or refusal to provide updates. If your contractor is exhibiting any of these signs, it would be critical for you to maintain a record of all interactions, as this documentation can be useful if further action becomes necessary.

Document The Site And Review Your Contract

If you suspect a contractor has left the job, your priority is to assess the situation carefully. Begin by documenting the construction site, including photos of incomplete work and noting the dates when the contractor ceased operations. Identify any safety hazards or urgent repairs that require immediate attention. More importantly, review your contract to understand the terms related to timelines and breach of contract. With this information, you can make informed decisions about whether to hire a replacement contractor, negotiate a settlement, or seek legal remedies.

Take Legal Action To Protect Your Interests

Knowing your legal options is critical when work is incomplete or unreasonably delayed. Available remedies include:
  • Sending a written demand to require the contractor to complete the work or refund payments
  • Filing a construction lien to recover costs for work already paid for
  • Negotiating a settlement to secure compensation for incomplete work
  • Filing a lawsuit to pursue damages for breach of contract or recovery of funds
  • Using alternative dispute resolution, such as mediation or arbitration
Since navigating these can be complex, property owners often benefit from consulting an attorney experienced in construction contracts.

Keeping Your Construction Project On Track

When your project hits unexpected setbacks, it is natural to feel frustrated or uncertain. Even so, you can protect your investment and keep work moving forward. By understanding your legal options, you can address issues confidently and regain control of your project.]]> On Behalf of Dickman Law Firm <![CDATA[When Can Creditors Make Claims Against a Florida Estate?]]> https://www.dickmanlawfirm.org/?p=52633 2026-03-25T05:43:16Z 2026-03-30T05:42:32Z How the Notice to Creditors Process Begins The personal representative must publish a Notice to Creditors soon after the court grants the appointment. The notice must run once a week for two weeks in a row in a local newspaper. The personal representative must also search for all known creditors and send each one a direct copy of the notice. This step is critical because creditors who do not receive proper notice may have more time to file.

Filing Deadlines That Creditors Must Meet

Florida law imposes strict deadlines on creditor claims. A creditor must file a claim on or before the later of:
  • Three months after the first publication of the Notice to Creditors, or
  • Thirty days after the date of direct service on the creditor
The court will bar any claim filed after these deadlines unless it grants more time for fraud, estoppel, or lack of proper notice. No extension may go past the two-year outer limit. Florida law also sets a firm two-year cutoff from the date of death. After that point, no unsecured creditor can file a valid claim, even without proper notice. Recorded mortgages and other secured debts are not subject to this cutoff.

How the Personal Representative Handles Claims

Once a creditor files a claim, the personal representative must evaluate it and determine whether to pay, object or negotiate as part of administering an estate. When the estate does not have enough to cover every debt, Florida law sets a priority order. Costs of running the estate, funeral expenses, federal debts, and medical bills from the final illness come first. Credit card balances, personal loans, and other general debts fall lower.

Why Timely Administration Protects Beneficiaries

Acting quickly on the notice and claims process helps shorten the window for new claims and moves the estate closer to final distribution. A personal representative who stays on top of each deadline helps resolve valid debts and gets remaining assets to beneficiaries without unnecessary delays.]]> On Behalf of Dickman Law Firm <![CDATA[How Does the 2023 Alimony Reform Impact Long-Term Marriages?]]> https://www.dickmanlawfirm.org/?p=52615 2026-03-12T09:08:45Z 2026-03-17T09:08:13Z The End of Permanent Alimony Pursuant to the 2023 updates to Florida Statute 61.08, courts no longer award permanent alimony. In the past, this support continued until a party died or the receiver remarried. Today, the law focuses on "durational alimony" for long-term marriages. Before a judge grants durational support, they must find that other alimony types are not enough. For instance, the court first looks at bridge-the-gap or rehabilitative alimony. Therefore, even in long marriages, support will eventually end. Consequently, the law now caps the amount at the receiver's need or 35% of the difference in monthly incomes.

Marriage Tiers and Time Limits

Florida law now uses clear definitions for how long a marriage lasted. These tiers create specific limits on how long a spouse receives support. Because of these rules, the time depends on the length of the marriage:
  • Short-term marriages: Less than 10 years. Support lasts up to 50% of the marriage length.
  • Moderate-term marriages: Between 10 and 20 years. Support lasts up to 60% of the marriage length.
  • Long-term marriages: 20 years or longer. Support lasts up to 75% of the marriage length.
For a 20-year marriage, alimony cannot exceed 15 years. Similarly, the limit for a 30-year marriage is 22.5 years. These percentages provide more certainty during family law talks.

The Right to File Upon Retirement

The 2023 reform added new protections regarding retirement. Specifically, the law grants a payor the right to ask the court to change or end alimony at a "normal retirement age." The court defines this as the age for full Social Security benefits or the usual age for that job. While reaching this age does not end payments automatically, it allows the payor to file a request. Therefore, the payor must show the court that their retirement is fair and about to happen.

Protecting Your Future With Legal Help

These reforms shift the court's focus toward helping spouses become independent. Because these rules are technical, a legal professional can help you calculate the correct amounts. A lawyer can also ensure your Marital Settlement Agreement follows the current law.  ]]>