Loren Kean Law

Loren Kean Law

Loren Kean Law

Florida Businesses with Federal Contracts Face New Challenges Joshua B. Loren and Bruce E. Loren | Dec 01 2021

On November 18, 2021, Florida Governor Ron DeSantis signed new legislation prohibiting private employer COVID-19 vaccine mandates, requiring employers to recognize new exemptions to receiving a COVID-19 vaccine, changing how the cost of PPE and COVID-19 testing is shared between businesses and employees, and fining any Florida businesses who violate the new law.

READ MORE

APPELLATE COURT STAY LEADS TO SUSPENSION OF OSHA’S COVID-19 EMERGENCY TEMPORARY STANDARD Kyle W. Ohlenschlaeger and Bruce E. Loren | Nov 22 2021

Earlier this month, OSHA adopted an Emergency Temporary Standard for COVID-19 Vaccination and Testing (the “ETS”) for large employers. Covered employers that do not comply with the requirements could be subject to OSHA penalties for “Serious” violations, which come with fines potentially in excess of $13,000 for the first violation, but also the connotation that comes with having an OSHA violation on your record. This connotation can result in increased insurance premiums and difficulties with Owners and General Contractors when bidding work. Last Friday, a Federal Appellate Court issued a stay against enforcement of the ETS until the Court could undertake an adequate review of its legality. In response, OSHA has confirmed that it will temporarily suspend enforcement of the ETS, though its lawyers intend to fight to allow enforcement in the future. This article provides a roadmap of what the ETS would have required if not for the current suspension, and also provides points for contractors to consider to determine if they would be covered under the ETS.

READ MORE

APPELLATE COURT STAY LEADS TO SUSPENSION OF OSHA’S COVID-19 EMERGENCY TEMPORARY STANDARD Kyle W. Ohlenschlaeger and Bruce E. Loren | Nov 22 2021

Earlier this month, OSHA adopted an Emergency Temporary Standard for COVID-19 Vaccination and Testing (the “ETS”) for large employers. Covered employers that do not comply with the requirements could be subject to OSHA penalties for “Serious” violations, which come with fines potentially in excess of $13,000 for the first violation, but also the connotation that comes with having an OSHA violation on your record. This connotation can result in increased insurance premiums and difficulties with Owners and General Contractors when bidding work. Last Friday, a Federal Appellate Court issued a stay against enforcement of the ETS until the Court could undertake an adequate review of its legality. In response, OSHA has confirmed that it will temporarily suspend enforcement of the ETS, though its lawyers intend to fight to allow enforcement in the future. This article provides a roadmap of what the ETS would have required if not for the current suspension, and also provides points for contractors to consider to determine if they would be covered under the ETS.

READ MORE

WHAT TO DO IF AN ACCOUNT DEBTOR REFUSES TO EXECUTE AN ESTOPPEL LETTERAllen J. Heffner and Bruce E. Loren | Nov 09 2021

Estoppel Letters (also called Acknowledgement or No Set-off Letters), if done properly, create binding contracts between the Factor and its Account Debtors that greatly increase the likelihood of collecting money from Account Debtors, should the need for litigation arise. Generally, Estoppel Letters ask the Account Debtor to confirm that: (i) the terms of the subject invoice are correct; (ii) that the invoice is due and owing; and (iii) the Account Debtor agrees to pay the Factor the subject invoice without recoupment, setoff, defense, or counterclaim.

READ MORE

HOW IMPORTANT ARE ESTOPPEL LETTERS?Allen J. Heffner and Bruce E. Loren | Sep 16 2021

Estoppel Letters (also called Acknowledgement or No Set-off Letters), if done properly, create binding contracts between the Factor and its Account Debtors that greatly increase the likelihood of collecting money from Account Debtors, should the need for litigation arise. Estoppel Letters are particularly important for Factors that factor construction receivables, as those receivables are routinely subject to back charges and offsets, with the Factor being completely in the dark with respect to the Client’s performance on the project.

READ MORE

LOREN & KEAN LAW CLIENT PREVAILS IN CONSTRUCTION ARBITRATIONKyle W. Ohlenschlaeger and Bruce E. Loren | Sep 02 2021

Loren & Kean Law and its client recently prevailed in a four-day construction arbitration. The case involved competing claims where the contractor asserted outstanding monies owed and delay claims, and the owner asserted construction defect claims. Working with its client and its experts, Kyle Ohlenschlaeger and Bruce Loren were able to present a clear case to the arbitrator, who ultimately ruled in our client’s favor. Thereafter, Loren & Kean was able to secure its client an award of all attorneys’ fees and costs incurred. During the proceeding, we were reminded of some of the benefits and downsides of arbitration as compared to a court proceeding.

READ MORE

FLORIDA’S CHAPTER 558 PROCEDURES FOR CONSTRUCTION DEFECT DISPUTESMichael R. Billings and Bruce E. Loren | Jul 28 2021

In construction defect disputes, owners must comply with certain procedures before filing a lawsuit against a contractor.  These procedures are contained within Florida Statutes Chapter 558.  This newsletter describes the mechanics of Chapter 558 and how a contractor should navigate through it.

READ MORE