Weiss, Handler & Cornwell, PAAttorney Boca Raton Florida | Weiss, Handler & Cornwell, PA2026-06-30T13:24:11Zhttps://www.weisshandler.com/feed/atom/WordPressOn 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.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[The key difference between patent and latent defects]]>https://www.weisshandler.com/?p=483152026-06-18T15:20:25Z2026-06-18T15:20:25ZThere are two main types of construction defects. First, there are things that will be noticed immediately upon inspection of the property. These are known as patent defects.For example, say that a prospective homeowner hires a construction company to build them a new house. When the homeowner arrives to see the finished product, the wrong countertops have been installed, and the wrong type of flooring was used in the living room. The homeowner knows immediately that mistakes were made and need to be rectified before the house will be up to their specifications.
Latent defects
The second type of defects is known as latent defects. These are things that are less noticeable or even hidden. They have not been hidden on purpose, but it just happens naturally because not every part of a construction project is visible to the homeowner.An example of a latent defect is if pipes were poorly installed in the basement, and there is a slow leak in one of the walls. Upon the first walkthrough, the homeowner may not notice that anything is wrong. If they rarely use those plumbing lines, the leak may not get worse. It could take months or even years before they discover that there is an issue, and all that time the leak has been creating rot, decay, mold and other issues within the wall.
Resolving a construction dispute
For the owner of a construction company, both patent and latent defects can lead to serious disputes and potentially even litigation. It is important for those involved to understand their legal options at this time.
]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Understanding title issues before closing a deal]]>https://www.weisshandler.com/?p=483142026-06-07T22:23:41Z2026-06-07T22:23:41ZBuying commercial real estate is an investment of both time and money. Amongst complex negotiations, financing, inspections and contract terms, there is one critical issue that should never be overlooked: title defects.
A title problem discovered shortly before closing, or even after the transaction is complete, can create financial and legal complications. If you are planning to purchase commercial property, understanding common title issues can help prevent costly surprises and protect your investment.
The importance of due diligence
The property title represents legal ownership along with the rights associated with it. Before a commercial real estate transaction can close, the buyer must be confident that the seller has the legal right to transfer that ownership and that there are no encumbrances or undisclosed claims on the property.The buyer needs to conduct due diligence to identify any issues that could affect ownership rights or the property’s marketability.Several types of title defects can arise during the due diligence period. One of the most common problems involvesoutstanding liens against the property, which may include:
Tax liens
Contractor or mechanic’s liens
Mortgage liens
Judgment liens resulting from lawsuits
An outstanding lien may need to be satisfied before closing, and a buyer can refuse to proceed until the issue is resolved.When large parcels of land are involved in a real estate transaction, boundary disputes are common. A survey of the property may reveal encroachments, access issues or discrepancies between legal descriptions and actual property boundaries. These issues can impact development plans and property use.Mistakes in public records often occur. Errors in legal descriptions, deeds or prior transfers can create uncertainty. Even a minor clerical mistake may require action before the transaction can be completed.As part of due diligence, it’s crucial to have a legal representative who can help identify and resolvetitle concerns. By addressing issues early, a buyer can move toward closing with greater confidence about their investment.
]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[The difference between use and exclusive use in commercial leases]]>https://www.weisshandler.com/?p=483132026-05-22T11:21:00Z2026-05-22T11:21:00ZExclusive use protects a tenant’s business from competition
An exclusive use clause serves to prevent direct competition from someone renting property in the same facility or a nearby property owned by the same landlord. Exclusive use clauses prohibit the landlord from renting two retail establishments in the same mall to shoe stores that carry the same brands or two restaurants that both offer pizza as their main menu item.
Use clauses are different. They specifically address what the tenant can use the property for. Frequently, landlords restrict tenants to a specific, previously declared business function within the lease. This may limit the ability of a tenant to pivot when a business model is unsuccessful or the market shifts.
Both tenants and landlords may need to negotiate the terms of use and exclusive use clauses to limit the risk associated with a commercial tenancy or seek their enforcement after a lease violation. Working with a real estate attorney when reviewing a lease or seeking to enforce a clause can help to protect those subject to these often lengthy executory contracts.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Can you trust AI to run a construction project?]]>https://www.weisshandler.com/?p=483122026-05-12T15:11:53Z2026-05-12T15:11:53ZHow AI tools may affect commercial construction projects
Construction companies and developers now use AI during several parts of a project. In many cases, the technology works as a support tool instead of replacing architects, engineers or project managers. Some of the ways companies may use AI during construction projects include:
Creating early construction budgets
Building project schedules
Reviewing contracts and change orders
Tracking labor and material costs
Reviewing zoning and land use details
Predicting possible project delays
These systems review large amounts of information and use patterns to make predictions. While that may help speed up planning, AI tools can still miss local permitting problems, rising costs or property-specific issues that affect a commercial project.
Who may face liability when AI makes mistakes?
One of the biggest concerns is who becomes responsible when problems appear. If a project goes over budget because an AI program produced incorrect numbers, contractors and developers may still face legal claims. Technology may help people make decisions, but it does not remove legal duties tied to construction work.
Courts will likely expect businesses to review AI-generated information before using it on an active project. In large commercial developments, incorrect schedules or flawed plans may lead to breach of contract claims, payment disputes or construction defect claims.
Why contracts may become more important when AI is involved
Commercial construction contracts may need stronger language as AI becomes more common in the industry. If you own a development company or commercial property, your agreements should explain how project teams use AI tools and who checks the information they produce. Construction agreements may need to address the following issues:
Assigning responsibility for reviewing AI-generated information
Defining liability for design or scheduling mistakes
Explaining how added costs will be handled
Requiring proper insurance coverage
Creating steps for fixing project errors
Clear contract terms may help reduce confusion if disputes arise during construction. You should also remember that AI programs depend on the information entered into them. If contractors or consultants provide incomplete details, the final results may become unreliable from the beginning.
Why human oversight still plays an important role
AI will likely continue playing a larger role in commercial construction. Many companies see these tools as a way to finish projects faster and reduce office work. Still, technology cannot replace careful legal review or professional oversight.
Construction projects involve work that requires experienced judgment. A construction project may use advanced technology, but legal responsibility will still fall on the people running the project.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Land use restrictions that can impact your investment]]>https://www.weisshandler.com/?p=483112026-05-10T02:23:03Z2026-05-10T02:23:03ZDue diligence matters
Land use restrictions can come from a variety of sources. One of the most common restrictions involves zoning regulations. Local governments divide areas into zones that determine whether the property can be used for residential, commercial, industrial or agricultural purposes.
A property may appear ideal for a business or redevelopment project, but it may not be zoned for that use. Investors sometimes discover too late that they can’t legally operate a short-term rental or add additional units without rezoning or obtaining special approval.
Many properties are located within homeowners’ associations or planned communities. These areas often impose additional rules beyond local law. Their restrictions may regulate:
Leasing or rentals
Exterior modifications
Parking of commercial vehicles or boats
Property appearance and maintenance
These additional regulations can affect the profitability of an investment property.
Florida is a state of natural beauty with wetlands and coastal areas. Environmental laws can significantly affect development opportunities. For example, coastal properties may face setback requirements or permitting limitations.
An easement gives another party the legal right to use part of the property for a specific purpose. Utility companies, neighboring landowners or government agencies may have easement rights to your investment property, which can interfere with construction plans, fencing, parking or future expansion. Conversely, your property could have problems if it lacks legal access to a public road or relies on shared driveways.
Proper investigation before closing can prevent many land use problems. Investors should conduct thorough due diligence and seek guidance from a legal professional. Understanding these restrictions upfront can help avoid expensive surprises later.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[What is a letter of intent in Florida commercial real estate?]]>https://www.weisshandler.com/?p=483092026-04-22T16:00:08Z2026-04-22T16:00:08ZDefining the Florida commercial letter of intent
In Florida commercial real estate, a letter of intent (LOI) acts as a professional roadmap. It outlines the broad strokes of the transaction before you commit to the time and expense of a full purchase or lease agreement.
In the Florida market, this document serves as the preliminary framework for the eventual contract.
Outlining the essential terms of the agreement
A letter of intent generally outlines the primary components of your deal to reduce complications during the formal contract phase. These typically include:
Purchase price or rental rate: It is the baseline financial terms of the transaction.
Due diligence period: This refers to the designated window of time to inspect the property and verify financial data.
Anticipated closing date: This is the target timeline for finalizing the transfer or lease.
Specific contingencies: This covers critical conditions that must be met, such as complying with state disclosure laws regarding witnesses or obtaining a zoning change.
Addressing these core details early in the letter of intent helps ensure both parties reach alignment before transitioning into a formal, binding contract.
Avoiding the trap of unintended enforceability
To avoid "accidental contracts," investors typically use explicit language to state which parts of a letter of intent are non-binding. Because Florida courts may enforce an LOI as a binding agreement if it contains all essential terms, clearly defining the document's intent is a critical step to satisfying the Florida Statute of Frauds.
Ensuring protection through professional legal review
While a letter of intent is generally non-binding, it sets the 'rules of the game' for your deal. Attempting to change these terms later can lead to expensive legal delays, a loss of credibility with the seller, or the deal falling through entirely."
Professional review ensures that your interests are protected and that you do not unintentionally enter a binding obligation before you are ready. Understanding the nuances of Florida law, including recent procedural and disclosure updates, ensures your "handshake" remains exactly what you intended.
]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[3 common warning signs of foundation defects]]>https://www.weisshandler.com/?p=483082026-04-21T15:00:47Z2026-04-21T15:00:47ZProperty owners who recently purchased new construction homes or had major renovations performed at their properties may expect the work to be professional. Unfortunately, cost-cutting measures regarding worker training or the materials used can lead to a substandard final product.
In some cases, property owners may eventually realize that their newly installed, expanded or repaired foundation does not meet current professional standards. There may be defects in the foundation that require costly repair work.What are some of the warning signs of improper foundation work?
1. Water incursions
Strong, well-finished foundations do not let water pass through, even after heavy rainfall.Water incursion, even occasionally, can be indicative of major issues with the foundation. Additionally, the water incursion can worsen pre-existing foundation damage if left unaddressed.
2. Cracking ceilings, plaster or drywall
When there are issues with the foundation, the structure may shift or settle unevenly. That may then cause cracks to form in what should be solid walls or sections of ceiling. Even small cracks can be indicative of major issues underground.
3. Sticking doors and windows
For doors to swing open smoothly and windows to slide up and down, the structure needs to remain stable. Uneven settling and other foundation issues can result in windows or doors failing to open or close completely. In addition to being annoyances on their own, these issues are symptoms of a much more serious and costly issue.Property owners who believe that a recent project caused or failed to address foundation issues may need assistance holding construction businesses or professionals accountable through aconstruction defect lawsuit. Documenting the warning signs of foundation issues and consulting with a legal professional can help property owners address paid work that does not meet industry standards.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Understanding risk in design-build and design-bid-build contracts]]>https://www.weisshandler.com/?p=483072026-03-23T04:57:40Z2026-03-23T04:57:40ZCommercial construction projects in Boca Raton, Florida require you to choose between two delivery methods: design-build and design-bid-build. Design-build puts design and construction under one contract. Design-bid-build splits these jobs between separate contractors. Your choice decides who takes the blame when designs fail, costs go over budget or defects show up years later.
How design-build shifts risk to owners
Design-build gives one company control over both design and construction. This single point of contact can speed up projects. However, it removes the protections that keep owners safe. When the same company designs and builds your project, they control quality, materials and costs. No one else checks their work.Problems start when design mistakes cause construction issues. The design-build contractor can say the design was fine. They can blame construction problems instead. This leaves you with few ways to get your money back. You cannot hold separate parties accountable because only one company handled everything.
Design-bid-build's built-in protections
Design-bid-build separates design from construction through different contracts. You hire an architect to create plans, then contractors bid on building those plans. This separation creates natural accountability:
Architects take responsibility for design errors
Contractors take responsibility for construction issues
Independent professionals protect your interests
Competitive bidding controls costs and identifies problems early
However, this method takes longer and requires you to manage multiple contracts. Disputes between designers and contractors can delay projects and increase costs when parties disagree about who caused specific problems.
Protecting your investment
Standard construction contracts often put most of the risk on owners. They also limit your ability to get money back when problems happen. A Florida construction law attorney can negotiate better terms that protect your rights and make accountability clear. This applies no matter which delivery method you choose. The contract you sign today decides whether construction problems stay small or destroy your business.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[What to review before buying commercial property in Florida]]>https://www.weisshandler.com/?p=483062026-03-19T11:52:45Z2026-03-19T11:52:06ZBuying commercial property in South Florida is a major financial step, and the law puts most of the risk on the buyer. In commercial real estate, the seller has no general duty to point out problems with the property. That makes a careful review essential before you close.
Why commercial buyers carry the burden
In a home sale, Florida law requires sellers to share known defects. Commercial deals operate under a buyer beware standard. Courts see commercial buyers as capable of doing their own homework. If you skip that step and problems show up later, the seller is largely off the hook.There are a few exceptions. A seller cannot hide defects, lie about the property or block you from inspecting it. And if a seller chooses to talk about the property's condition at all, they must tell the whole truth rather than sharing only what helps them.
Title and survey: Make sure the seller has clear ownership and look for liens, easements or boundary issues that could limit your plans.
Zoning and land use: Check that your intended use fits local zoning rules and that you can get the permits you need.
Environmental conditions: Order a Phase I assessment to flag any contamination from prior use of the site.
Physical condition: Inspect the building, roof, systems and other features for defects that could lead to costly repairs.
Financial records: Review rent rolls, existing leases, operating costs and tax history.
Each of these can reveal issues that affect the property's value or how you plan to use it.
Negotiating the due diligence period
Florida does not set a required review period for commercial deals. Buyers and sellers agree on a timeframe in the purchase contract. Most commercial deals allow 30 to 90 days depending on the property. During that window, a buyer can generally walk away for any reason. Missing the deadline can mean losing the right to cancel and, depending on the contract terms, potentially forfeiting the deposit.
What due diligence cannot fix after closing
The work you do before closing defines your options afterward. In an as-is transaction, a buyer who signs without investigating has limited recourse if problems emerge later. Getting the due diligence right the first time is the most reliable way to protect an investment of this size.]]>