WHAT HAPPENS WHEN YOU PERFORM UNPERMITTED WORK?Kyle W. Ohlenschlaeger and Bruce E. Loren | Aug 16 2019

In our experience, the failure to obtain a building permit comes down to one of three excuses. The first is that the contractor didn’t want to deal with difficulties and intrusions from the municipality. The second excuse is that the contractor didn’t think the work required a permit. The final excuse is that the customer didn’t want to get a permit, and directed the contractor not to obtain one. These excuses can subject the contractor to significant penalties and place the contractor at a severe disadvantage when disputes arise in connection with the work.

READ MORE

Is your Employee’s Leave of Absence Covered by the FMLA and/or the ADA?Matthew H. Luttinger and Bruce E. Loren | Aug 16 2019

We recently published an article on the topic of "no call, no show" employees and whether they may be protected under the FMLA (Family Medical Leave Act) or ADA (American with Disabilities Act). This article provides an overview of when the FMLA and ADA apply to an employee’s request for leave of absence.

READ MORE

A MERCHANT CASH ADVANCE COMPANY IS INTERFERING WITH YOUR COLLATERAL – WHAT DO YOU DO?Allen J. Heffner and Bruce E. Loren | Aug 16 2019

Recently, our clients have encountered issues in which, unbeknownst to the Factor, their Clients had not only entered into merchant cash advance agreements with Merchant Cash Advance companies (MCA), but defaulted on those agreements as well. As a result, the MCAs immediately obtained judgments against the Clients and began notifying the Clients’ Account Debtors of the judgments and directing the Account Debtors to remit all payments owing to the Clients to the MCAs. Naturally, these letters alarmed the Account Debtors, who typically refuse to make payments to anyone. This article outlines what steps we took in response to the MCAs’ notifications to ensure that the Account Debtors continued to make all payments to the Factors.

READ MORE

Disability Related Questions during the Job Application ProcessMatthew H. Luttinger and Bruce E. Loren | Jun 21 2019

Employers often ask what questions are improper to ask during the job application process relating to disabilities or medical conditions. This article provides a short explanation of the Americans with Disabilities Act (“ADA”) and how to approach an applicant’s disability during the application process.

READ MORE

PRESERVING YOUR CLAIMS FOR DEFECTIVE WORKKyle W. Ohlenschlaeger and Bruce E. Loren | Jun 14 2019

When defective work on a construction project is discovered, owners and general contractors’ first reaction is usually to repair the work as quickly as possible. However, it is just as important that you preserve your claims against the contractor (or subcontractor) that performed the alleged defective work. Most important, before taking any corrective action, the contractor that performed the defective work should be notified and given an opportunity to inspect, and potentially, given an opportunity to repair.

READ MORE

NOTICES OF ASSIGNMENT - MINOR MISTAKES LEAD TO BIG TROUBLESAllen J. Heffner and Bruce E. Loren | Jun 14 2019

The Notice of Assignment is the single most important document for a Factor. The Notice of Assignment protects the Factor in the event that a payment is sent to the Client – or other third parties – instead of to the Factor. Whether a Notice of Assignment complies certain statutory requirements can mean the difference between a Factor getting paid or not.

READ MORE

Florida's New Law on Assignment of BenefitsMatthew H. Luttinger and Bruce E. Loren | May 01 2019

Florida Governor Ron Desantis recently announced the he would sign legislation to reform the assignment of benefits ("AOB") statute, establishing several new sections of the statute. This new reform would go into effect on July 1, 2019. Here, we highlight some of the most notable changes and additions.

READ MORE