The federal lawsuit alleges that Boca Teeca refuses to allow parents with children under the age of 15 to live within their community.

The lawsuit stems from an incident in which a single father with three young children was turned away in December 2008 despite having financing in line to buy a $120,000 condo unit.

The father of three and his real estate agent reported the incident to the Palm Beach County Office of Equal Opportunity who later launched its own investigation.A female employee was later sent to Boca Teeca to inquire about renting a condo unit with two young children. She was also turned away by the association as her kids were under the age of 15.

“In the previous two years, discrimination cases against families ranked third, behind disability and race cases. Of the 96 cases investigated in 2008-09, 45 percent were for people with disabilities, 25 percent were for families with children, and 14 percent were for race and color,” according to Pamela Guerrier, manager of the Office of Equal Opportunity.

Randall Berg, attorney for the Fair Housing Center, says a condo association can legally stop families with young children from moving into its community when (and only when) they are considered “housing for older persons” as set forth under federal and state housing laws.

To qualify as “housing for older persons,” the community must show that at least 80 percent of their residents are 55 or older.

Boca Teeca was advised it is breaking the law by denying young children, and asked to reverse its decision. The association ignored the request and earlier this week, a federal lawsuit was filed against Boca Teeca and its President Ronald Erhardt detailing the Office of Equal Opportunity’s investigation and email negotiations.

Source: Sun Sentinel

Have you encountered this problem? Contact our real estate lawyers today. You can email our firm or give us a call at (954) 779-7009.

However, there is a legal time limit that is placed on your pursuit of recovery. It’s known as the statute of limitations.

If you fail to file a lawsuit within the time allowed by law, you may be permanently barred from seeking legal remedies.

The length of the statute of limitations varies from state to state. And it can be extended when all parties reach a mutual agreement to toll the time period.

In Florida, the SOL period can range from 2 to 5 years, depending on the type of civil action you wish to pursue.

In breach of contract cases, the time period is 5 years when a written contract is involved.

Florida Court’s Opinion

In Beck vs. Lazard Freres & Co, LLC, the Florida court barred an action that was filed 8 years after a contract breach occurred.

The lawsuit was initiated by Beck, a trustee for Southeast Banking Corporation, against Lazard Freres & Co., an investment firm. Lazard was accused of writing a letter endorsing another banking institution which later proved to be detrimental to Southeast.

Beck alleged that Lazard breached its contract with Southeast, failed to honor its duty of good faith and failed to perform services with reasonable care.

Lazard wrote the letter in September of 1988. The purchase was approved by Southeast in December of 1988. However, the suit for breach of contract was filed 8 years later, in December of 1996.

Because Beck wasn’t aware of the breach for years, he believed that the SOL did not begin to run until the breach was brought to his attention, and not when the actual letter was written and delivered.

The Florida court disagreed, and held that:

“Actions for breach of contract are barred five years after the cause of action accrued regardless of whether the plaintiff knew that it had a claim.”

Beck’s lawsuit was dismissed and his claim for breach of contract was barred by Florida’s five year statute of limitations.

If you have been injured due to a breached contract or agreement, contact our contract law attorneys before it’s too late.

Click here to email or call us at (954) 779-7009.

The association which manages the Tiara condominium tower in Palm Beach County is suing Marsh alleging that the broker failed to secure an adequate insurance policy to cover damages to the condo tower.

Case Background

Tiara hired Marsh to obtain an insurance policy to cover its entire building. In 2004, a policy was purchased from Citizens Insurance Company that offered a coverage limit of $50 million.

In September 2004, the condo tower sustained substantial damage as a result of two hurricanes – Frances and Jeanne. The damage from both hurricanes exceeded the $50 million limits but the association claims it was verbally assured by Marsh that its insurance policy would cover $50 million for each hurricane disaster – a total of $100 million.

Tiara moved forward with repairs. It decided not to merely dry the tower out but eventually renovated the damaged areas. When done, the repair work exceeded $100 million.

Once the renovations were completed, Tiara sought reimbursement of $100 million from the insurance company – $50 million per hurricane occurrence – to cover the repairs. Citizens denied Tiara’s request stating that the policy purchased in 2004 provided a $50 million limit and nothing more.

Tiara filed a lawsuit against Citizens for its damages and eventually reached a settlement with the insurer of $89 million, a portion of the renovations costs.

The association, under the contention that Marsh’s negligence caused the insufficient recovery from Citizens, next filed a lawsuit against Marsh for:

• breach of contract;
• negligent misrepresentation;
• breach of the implied convenient of good faith and fair dealing;
• negligence; and
• breach of fiduciary duty

The condo association contends the insurance broker breached the contract with the association in two ways.

1. He failed to procure a policy with adequate insurance coverage; and
2. He breached an oral agreement to take responsibility for any damages incurred as a result of insufficient coverage

Upon review of the insurance policy (contract), the District Court found the language unclear as to “aggregate limits” versus per-occurrence limits. Thus, the terms of the contract was construed in favor of the insured (or broker) and against the insurer (Citizens) that prepared the contract. First Specialty Ins. Co. vs. Caliber One Indem. Co., 988 So. 2d. 708, 712 (Fla. Dist. Ct. App. 2008).

As for the second breach of contract claim, the court has previously established that a breach of oral contract arises when the parties mutually assented to a definite proposition and left no essential terms open. Rubenstein vs. Primedica Healthcare, Inc., 755 So. 2d. 746, 748 (Fla. Dist. Crt. App. 2000).

In this case, the court did not find any evidence that the oral agreement between the parties extended beyond the written policy agreement.

In fact, the parties could not agree on the nature of the oral agreement.

Are you dealing with a similar contract law issue? Contact us! Our attorneys are highly skilled in handling breach of contract cases for businesses and corporations of all sizes.

You can use this form to email us or give us a call at (954) 779-7009.

Hallandale Beach claimed that Reuter Recycling had breached a Solid Waste Disposal Agreement in four ways: by failing to compost; by failing to pay a yearly gate charge; by overcharging the fee for each ton of garbage delivered to it and by allowing the other three Florida cities involved in the contract to exit early.

Reuter countersued Hallandale Beach, claiming that the city was in breach of contract for diverting some of its waste to other companies, a claim that Reuter said resulted in damages to their company in the amount of $2 million. Additionally, prior to arbitration, the Defendant had filed a motion for summary judgment asking that the city’s entire case be dismissed.

Florida courts denied the bulk of the relief Reuters asked for in the motion for summary judgment, though one of the Hallandale’s claims concerning reimbursement for tipping fee charges was dismissed. From this state, the breach of contract lawsuit proceeded to arbitration regarding the four remaining claims.

The American Arbitration Association panel was presided by Lawrence Kellogg, Esq. The panel found that Reuter Recycling had indeed breached the contract on all counts. After dismissing the Defendant’s counterclaim in its entirety, the panel awarded the city of Hallandale the two types of relief that it has sought – damages in the amount of $525,000 as well as a portion of its litigation expenses and a ruling that the contract was terminated, due to Reuter’s acts and omissions.

Florida business owners can suffer devastating economic and professional damages when a contract is breached. Our firm is highly skilled in handling breach of contract cases for businesses of all sizes. If your company is struggling with such an issue, contact us. You can use this form to email or call us at (954) 779-7009.

Whether your company is involved in the exchange of goods or is service-based, it is built on relationships, agreements and contracts you’ve entered into with others. In some cases, the growth and sustainability of a company is contingent on the terms and validity of said agreements.

Benefits of Hiring a Business Lawyer

When you do business with valid contracts, you reduce the likelihood of having to engage in nasty legal disputes. The less your company spends on initiating or defending contracts, the more you will save on your legal expenses.

Business lawyers are equipped with the legal knowledge and expertise that is required to review, interpret and enforce an existing contract, or create a legally binding agreement that clearly expresses the intent of all parties.

On a daily basis, your business lawyer can handle much more than business contracts. He/she can also make sure your company remains in compliance with the law, and provide other legal services that are essential to the operation of your business.

3 Factors to Consider before you Hire a Business Lawyer

An effective business lawyer can provide legal support throughout all phases of your business; from the initial start-up phase to the resolution of litigation matters. Here are a couple of factors to consider when choosing a lawyer:

1.    Length and Type of Experience

Before you hire a lawyer, there are a couple of steps you should take. First, you should evaluate the lawyer’s experience. Inquire about the length of time they have been practicing law, and also determine if they have experience practicing business law. Have they represented companies similar to yours? Do they provide the legal services you need?

If you are in an industry where legal disputes and lawsuits are common, you may want to consider hiring a tenacious lawyer that specializes in litigation. If you are in the beginning stages of your business, you may benefit from the help of a business start-up and organization lawyer.

2.    Communication Skills

The most effective lawyers are great communicators. And in many instances, you can assess a lawyer’s communication skills from the initial point of contact, before you retain their services. While you’re in search of a business lawyer, it is important that you observe his/her behavior during the pre and post consultation stages. Does the lawyer return your telephone calls and respond to your emails in a timely manner? Did he/she follow up with you after the consultation?

3.    State Bar Association and Peer Reviews

Every state has a local bar association that monitors the lawyers practicing law within the state.
You can contact the bar to inquire about complaints and disciplinary actions involving the lawyer.

It is also a good idea to review what peers are saying about him/her before you decide to retain their services. There are websites like Martindale-Hubbell and Lawyers.com that provide peer review ratings for lawyers throughout the US. Take a moment to review what others are saying before you decide which lawyer is the best fit for your business.