How A Force Majeure Clause Offers Protection from Hurricane Delay Claims Joshua B. Loren and Bruce E. Loren | Nov 19 2019

Hurricanes can render construction projects completely helpless and, at the very least, result in long delays and extensive damages. Florida construction projects are at particular risk due to the volume and intensity of storms affecting the state. Now is a good time for contractors to evaluate how their contract documents handle delays related to hurricane and tropical storm impact and revise your form contracts accordingly.

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THE DOWNSIDE TO ARBITRATIONKyle W. Ohlenschlaeger and Bruce E. Loren | Nov 14 2019

Proponents of arbitration have long pushed the process as a faster, cheaper and more efficient process to litigation. We largely agree with faster, as it has been our experience that most cases filed in arbitration are resolved between six months to a year, where litigation paths are often drawn out anywhere from one to three years. We also agree that arbitration is more efficient. If there is a pre-trial dispute, such as a discovery issue, in an arbitration we can generally send a formal email to an arbitrator and get a ruling on our dispute within 10 days. In court, we have to draft a motion and get it set for hearing, a process that is sometimes taking in excess of 3 months due to judicial backlog. Arbitration also has the benefit of confidentiality, as you can keep your disputes out of the public eye – potentially providing goodwill and reputation benefits.

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NEW YORK PASSES LEGISLATION PROHIBITING CONFESSIONS OF Bruce E. Loren and Allen J. Heffner | Nov 11 2019

With the rise of Merchant Cash Advance companies (MCAs), our factoring clients have run into situations in which MCAs would obtain a judgment in New York against the mutual Client between the Factor and MCA without providing notice to the Client. Worse, the MCA would immediately contact the Client’s Account Debtors, notifying them of the judgment and instructing them to pay the MCA for all amounts owing to the Client. All of this took place prior to the Factor even realizing that the Client even had an MCA. This article focuses on the background of these confessions of judgment and how recent legislation passed in New York affects MCAs’ abilities to obtain confessions of judgments and how the law affects Factors.

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How Will Changes to the Payment Bond Law Affect Subcontractors and Suppliers?Joshua B. Loren and Bruce E. Loren | Oct 23 2019

Florida’s Legislature amended the statutory requirements to perfect a payment bond claim, which became effective October 1, 2019. These changes affect both Fl. Stat. §255.05 and §713.23, which govern public and private bond claims. Subcontractors, sub-subcontractors and suppliers now have additional requirements to include in a notice of nonpayment.

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SUBCONTRACTOR DEFAULT INSURANCE – Kyle W. Ohlenschlaeger and Bruce E. Loren | Oct 15 2019

We recently received a few inquiries from general contractors regarding subcontractor default insurance ("SDI"), asking how it works and whether it is a viable alternative to subcontractor payment and performance bonds. There is a two-part answer. First, SDI is NOT an alternative to subcontractor payment bonds as it does not provide for any recovery if a subcontractor fails to pay its sub-subcontractors or suppliers. Second, while it may be an alternative to subcontractor performance bonds, we believe that performance bonds are, in most cases, a better product for our clients.

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Bruce Loren is the newest member of the Treasure Coast Executives Association | Oct 04 2019

Bruce Loren, Esq, partner at Loren & Kean Law, receives a plaque from Walter Millet of the Treasure Coast Executives. Plaques are customary for new members of the Treasure Coast Executives. This presentation was made on October 3rd, 2019 at their breakfast meeting.

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How Will Changes to Overtime Rules Affect Employers?Joshua B. Loren and Bruce E. Loren | Sep 30 2019

Clients often ask which employees are entitled to receive overtime pay. Starting January 1, 2020, new guidelines from the Department of Labor clarify who is and who is not an “exempt” employee. This article provides a basic overview of who is eligible for overtime and when it is required under the new guidelines.

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