Weiss, Handler & Cornwell, PAAttorney Boca Raton Florida | Weiss, Handler & Cornwell, PA2026-10-02T15:16:34Zhttps://www.weisshandler.com/feed/atom/WordPressOn Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[What is adaptive reuse of real estate?]]>https://www.weisshandler.com/?p=483392026-10-02T15:16:34Z2026-10-02T15:16:34ZVacant properties are common in urban areas across the country. If nothing is done with them, they can soon fall into a state of disrepair that is not only dangerous but can also bring down the appeal and value of properties in the immediate vicinity. Developers will often purchase these properties, raze them to the ground and replace them with something modern. But some opt for an alternative way, known as adaptive reuse. They leave the building standing and transform it for a different purpose than that for which it originally served.Notable examples include the Sarasota Art Museum and the NoMa Gallery in Ocala, both of which had very different previous lives. Here in Boca Raton, approval was given on May 15 for the adaptive use of the old Holiday Inn off Yamato Road, which is going to be turned into 125 flats.
Preserving our history
Many of the buildings targeted for adaptive reuse are of considerable historic, cultural or architectural significance. Many have a level of character that is missing from so many of the more modern buildings. Not only can they be a nice place to live or work, but they can be good for business, often bestowing the prestige of the previous usage on those who set up there.As attractive an idea as repurposing an old building can be, it’s important to understand everything that it involves. There may be heritage-related building restrictions, zoning regulations that do not currently allow your intended purpose and systems and materials that do not meet current guidelines. For example, they may contain asbestos or lack an obvious way to provide access that meets the standards required under the Americans with Disabilities Act (ADA). There may also be pressure from the local community as to what happens to the place.Repurposing an old building is a noble mission and one that can turn out great. Thorough research and planning on all that it involves is essential before you invest. Experienced legal guidance can help you decide whether an opportunity is one worth pursuing or one you should walk away from.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[3 construction contract mistakes that lead to disputes]]>https://www.weisshandler.com/?p=483272026-09-21T21:23:11Z2026-09-21T21:23:11ZConstruction projects rarely go exactly according to plan. While everyone may be on the same page when the project begins, eventually there may be disagreements about the cost of materials, changes to the work, problems with payment and deadlines.
When a construction contract doesn't clearly address potential issues, a relatively small disagreement can turn into a costly dispute. A well-written agreement can help reduce uncertainty and provide a clear framework for resolving problems. Here are some common mistakes to avoid.
1. Failing to define the scope of work clearly
One of the most common sources of construction disputes is a vague description of what the contract is actually expected to do.A well-drafted contract should identify the work to be performed in enough detail that both sides understand what is included, and what is not. By incorporating plans, specifications, materials, finishes, equipment and other project requirements, you leave less room for conflicting interpretations.
2. Relying on verbal agreements
Construction projects often change after work begins. An owner may ask for a different material, additional work or a design modification. A contractor and owner may discuss the change and agree verbally to move forward.The problem is proving exactly what was agreed upon later. Document important changes in writing, including any price changes and their effect on the project schedule.
3. Being vague about payment terms
Money is frequently at the root of construction disputes. Contracts should clearly explain the amount due, payment schedule, retainage (if applicable), conditions for payment and procedures for submitting invoices.The agreement should also explain what happens if a payment is late or disputed. Contractors and subcontractors should also pay close attention to Florida'sconstruction payment and lien laws rather than relying solely on the contract's language.A carefully drafted contract can't eliminate every potential problem, but it can establish clearer expectations. It's essential to understand the statutory requirements that can affect the contract and the project. A legal professional can work with you to create aconstruction contract that is clear, well-written and compliant with Florida law.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[What are liquidated damages in a Florida contract?]]>https://www.weisshandler.com/?p=483262026-09-08T01:28:01Z2026-09-08T01:28:01ZIf you build or renovate property, you want your contractor to finish on time and a delay can cost you real money. To handle this risk, many construction contracts have a liquidated damages clause. This clause sets a specific dollar amount that the contractor owes for each day the project runs past the deadline. Owners and contractors both rely on this provision to plan for delays before they happen.
What liquidated damages mean
The clause names a fixed amount of money ahead of time. The owner doesn't need to prove the exact financial harm a delay caused. Instead the contract already spells out the daily or weekly rate. The courts honor these clauses when the parties set a reasonable estimate at the time they signed the contract. Courts also look at whether the amount reflects a real forecast of loss and not a penalty designed to punish the contractor.
When these clauses become disputed
Disputes often arise when the actual damages barely resemble the amount in the contract. A contractor may argue that the clause acts as a penalty rather than a genuine estimate.Other disputes don't focus on the dollar amount at all. Instead they focus on who actually caused the delay, like weather events, permitting slowdowns or the owner's own changes to the project scope.
Talking to an attorney can help
Construction delays create stress for everyone involved and money disputes make things harder. If you signed a contract with a liquidated damages clause and a disagreement comes up, you don't have to sort it out alone. Speaking with a construction attorney is advisable. They can look at your specific contract language and the facts around your delay, then help you understand your options. Sometimes a short conversation brings clarity you didn't expect, and that peace of mind can matter just as much as the dollar amount in question.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Why do construction projects run over budget?]]>https://www.weisshandler.com/?p=483252026-09-03T18:09:24Z2026-09-03T18:09:24ZMany construction projects run over budget. This is a common cause of disputes between construction companies and their clients.
Ideally, things should be planned out and budgeted appropriately at the beginning, but even if they are, the project can overshoot those estimates. Below are a few reasons why this may happen.
Inflation and rising costs
To begin with, due to inflation and the rising costs of parts and materials, original estimates may not apply. If the cost of materials goes up 30% over the year, for instance, it dramatically increases the cost of the project on the whole, even if that project itself is identical.
Downtime and scheduling costs
Scheduling issues can also create increased costs, especially when they lead to downtime. For instance, drywallers may be hired to work on the interior of a project after electrical work has been done. But if the electrical project runs behind schedule, the drywallers arrive on the site and have downtime waiting until they can actually start. This can increase the costs and the time it takes to complete the project.
Costs that were not originally planned
Finally, projects sometimes run into costs that were not even factored into the original estimate. Say that a construction company is hired to renovate a building. While preparing the space, they discover asbestos. It will now take weeks and tens of thousands of dollars to remediate the asbestos before the project can move forward.Financial disputes are certainly common when it comes to construction projects. It is important for those involved to understand what legal steps they can take to seek a resolution.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Buying commercial property in Florida after a hurricane]]>https://www.weisshandler.com/?p=483232026-08-25T14:44:59Z2026-08-25T14:44:59ZA major hurricane can change the way a business owner looks at commercial property. A building may appear ready for use while hidden storm damage, unresolved repairs or insurance concerns create problems later.
For business owners considering purchasing property affected by a major storm, taking the time to investigate the building can help reveal issues that could affect the property's value, insurance coverage and the cost of getting the business up and running.
Looking beyond the visible damage
One of the first steps is to find out whether the property experienced hurricane-related damage and what was done to address it. Business owners should look for signs such as:
Flooding
Roof or exterior damage
Mold or moisture problems
Electrical or plumbing damage
Structural issues
Damage that was repaired before the property was put on the market
Repair records can provide valuable information about what happened after the storm and whether the work was properly completed. Business owners may want to request invoices, inspection reports and insurance claim records. It is also important to check whether permits were required for the repairs and, if so, whether those permits were obtained, inspected and properly closed. Unresolved permits or incomplete repairs can create problems for a business owner who takes over the property. They could lead to unexpected repair costs, code compliance issues or delays when making renovations. These issues can become especially important if the business needs to make improvements before opening or wants to sell the property in the future.Insurance is another important part of the investigation. A property's previous hurricane or flood damage may affect the availability and cost of commercial coverage. Business owners should find out what insurance will be required, whether the property has a history of claims and whether additional coverage may be necessary for flood or other storm-related risks.A hurricane does not necessarily make commercial property a bad investment. However, business owners should understand the property's history before committing to the purchase. Having the property's records, insurance information and purchase contract reviewed by a qualified legal professional can help identify potential problems before they become expensive obstacles to operating the business.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Clearly defining financial obligations in a commercial lease]]>https://www.weisshandler.com/?p=483212026-08-05T14:15:05Z2026-08-05T14:15:05ZAs a commercial real estate owner, your main goal may simply be to lease that space to someone who wants to run a business. You are not looking to sell the property entirely, but you see it as a long-term source of income. As long as you can have tenants in the space, you generate consistent revenue.
When drafting a commercial lease, then, it is important to be very clear about what financial obligations will be handled by each party. There are different ways to write a lease, depending on how you want to divide various costs and expenses.
A triple net lease
One example of a commercial lease is known as a triple net lease. This means the tenant is obligated to pay far more than just the monthly cost for the space itself. They are also responsible for:
Property taxes that are assessed on the building
The necessary insurance that must be carried on the property
Maintenance and repair costs that could arise while the tenant is using the property
Because these other costs are included, the base rent payment is typically lower. A standard lease may have a very high rent payment because the owner then takes a portion of this monthly income and uses it to pay property taxes and maintain the building itself. But if the tenant is responsible for covering those costs, their monthly rent is typically lower because there are relatively few costs for the owner to cover on their end.Both tactics can be a viable way to lease commercial property. It is just important to be clear upfront about how costs will be divided so that both parties are on the same page. When drafting a commercial lease or addressing a dispute, be sure you know what legal options you have.
]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Key real estate disclosures in Florida]]>https://www.weisshandler.com/?p=483202026-07-23T19:05:43Z2026-07-23T19:05:43ZIn Florida, it is crucial that those selling real estate are honest and transparent about the condition of that property. They need to disclose any material defects. These can often have an impact on the value of the property, and the buyer deserves to know.In many cases, the goal is just to disclose anything that the seller knows about the property. There certainly could be issues that the seller is unaware of, but they cannot intentionally try to hide latent defects that they do know about. This is true even if the property is being sold as is.
What are some common examples?
For instance, perhaps there is old water damage in the property from a flood, a storm or a broken pipe. It can be helpful to inform a potential buyer so that they know about the issue, even when repairs were made.Structural issues are also a common concern. If there are cracks in the foundation or other things of this nature, the seller needs to disclose these defects. The buyer can then make a decision about whether they want to purchase the property and make the necessary repairs.What sellers cannot do is try to hide these issues from buyers. If a seller just paints over the clear discoloration from ongoing water damage and pretends there is not an issue, for example, it can create significant problems. They’ve misrepresented the property. It may need far more maintenance and upkeep than the buyer realizes, or it may have an inherently lower market value because these issues have not been addressed.In general, as long as sellers disclose the defects that they are aware of upfront, they should not face any issues. But when conflicts arise during a real estate transaction, it can be helpful to work with an experienced attorney in Florida.
]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[2 reasons written contracts are better than handshake deals]]>https://www.weisshandler.com/?p=483192026-07-16T17:06:37Z2026-07-16T17:06:37ZSome business owners consider using handshake deals simply because they are easy and efficient. Two business owners may already know each other and be on relatively good terms. They do not see the need to go through the formal process of writing a contract just to work together.
However, handshake deals create some potential legal issues. Below are two reasons why it is often better to use a written contract instead.
Reducing the odds of miscommunication
For one thing, the process of writing the contract means that the parties have to work together and review the terms. This helps reduce the odds that there will be some level of miscommunication. Often, disputes can be avoided in advance, simply by drafting a contract.Potential miscommunications could include the deadline for the project, who will cover specific costs, how compensation will be provided and the general scope of the project. All of these details can be addressed in the contract to ensure that both parties are on the same page when they begin working together.
Making the contract easier to enforce
When disputes do arise, it is often very difficult to enforce a handshake deal. Both people may genuinely believe that different terms were agreed to and tell very different stories about what obligations or responsibilities they have.The owner of a construction company may say that they were supposed to be paid upfront, for example, while the person who hired them claims they were supposed to be paid at the completion of the project. If these terms had been specified in a written contract, it would be easy to go back to the paperwork to find a resolution to the dispute.Whether you are drafting contracts, navigating disputes or looking into your legal rights, it can be helpful to work with an experienced attorney.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[What happens when a zoning application is denied?]]>https://www.weisshandler.com/?p=483182026-06-30T15:51:44Z2026-07-05T04:00:59ZWhat the denial means for your project
When a local board denies your zoning request, the project generally cannot move forward as proposed. The city may issue a written order that explains its findings and legal basis. Until something changes, the land usually stays under its current zoning classification.
That written decision matters. It may point to concerns about traffic, parking, drainage or consistency with the local comprehensive plan. These reasons can help you see whether the application needs revisions or whether the decision should face administrative or judicial review.
Not every denial ends with a revised application or an appeal. Some disputes may also involve separate property-rights concerns. In Florida, the law allows certain property owners to seek financial relief when a government action places an unfair burden on the existing use of land or on vested development rights. This type of claim depends on the facts, so it does not apply to every denied request.
Why your response matters
After a denial, the next step depends on the reason for the decision and the procedures that apply. You might revise the application, submit additional evidence or pursue an appeal if the rules allow it.
Timing also matters. Local ordinances often set strict deadlines for appeals, rehearing requests or other formal challenges. Missing those dates can limit the remedies available later.
Legal guidance may help you identify the required time frames, preserve key records and compare the possible legal paths. With a clear plan, you can respond to the denial in a way that fits both the property and your development goals.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[What roofing professionals need to know about changes in the law]]>https://www.weisshandler.com/?p=483162026-06-30T13:24:11Z2026-06-30T13:24:11ZMost Florida roofing professionals are honest, hard-working people. Homeowners count on them not just to properly install quality roofing, but to repair and replace roofs damaged by hurricanes and other severe weather events and natural disasters.
When disaster strikes, Florida homeowners often have to make decisions while under a great deal of stress – sometimes while being unable to live in their property. Unscrupulous and unqualified people too often take advantage of them.A state law enacted last year provides important protection to Florida homeowners after a state of emergency has been declared. It’s crucial for roofing contractors to understand this law and how it affects the language in their contracts. Here’s a brief overview of the highlights of the law.
Grace periods for contract cancellation during emergencies
Homeowners can now cancel a roofing contract within 10 days after signing it or after the official work start date (whichever comes first) without being charged a penalty if the contract “was entered into within 180 days of events resulting in the declaration of a state of emergency by the Governor.”
Mandatory notifications to homeowners
Further, contracts must include notification of these rights in a specified size print near the property owner’s signature line. They must also state on the signature page that homeowners have the right to contact their insurance company “to verify coverage for the proposed roofing work, including any claims, deductibles, and policy terms, before signing this contract.”
Redefining “roofing contractor”
The new law broadens the definition of a roofing contractor to include professionals who engage in “the evaluation and enhancement of roof-to-wall connections for structures with wood roof decking….” This lets roofing contractors make necessary structural renovations to protect roofs from severe weather and natural disasters.It’s crucial for roofing contractors to understand the new law and to create their contracts accordingly. Having experienced legal guidance can help prevent unnecessary and costly legal consequences.]]>