The Difficult Issue of “No Call, No Show” Employee AbsencesBruce E. Loren, Esq. and Michael G. St. Jacques, Esq. | Dec 09 2018

Employers often encounter “no call, no show” scenarios when an employee fails to show up to work without giving any notification. While disruptive, employees who do not give notice before missing work are protected under the ADA and FMLA. Employers should be cautious before disciplining or terminating “no call, no show” employees without gathering some additional information. Savvy employers will plan ahead to protect their business from unreliable players.

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COMMON MISTAKES WITH NOTICES OF ASSIGNMENT – A CASE STUDYBruce E. Loren, Esq. and Allen J. Heffner, Esq. | Dec 08 2018

The Notice of Assignment is probably the single most important document for a Factor. Understanding what needs to be included in the Notice of Assignment, how to send it, and who to send it to can mean the difference between getting paid or not.

This article focuses on a real-life example of a Factor who unfortunately made some self-inflicted mistakes with respect to its Notice of Assignment and lessons that can be learned from that experience.

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REDUCING CHANGE ORDER DISPUTES AT THE TIME OF YOUR CONTRACTBruce E. Loren, Esq. and Kyle W. Ohlenschlaeger, Esq. | Dec 08 2018

Change order disputes have always been a significant portion of any construction attorney’s practice, and dealing with change orders are generally the biggest points of contention for general contractors and subcontractors as well. When asked to review our client’s contracts, we often encounter two competing provisions on the issue. The first requires a written change order for the subcontractor (or general contractor in a prime contract) to be entitled to additional compensation. This provision takes on many forms, but generally looks like this:

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Additional Protections for Contractors Who Receive an Assignment of BenefitsBruce E. Loren, Esq. and Michael G. St. Jacques, Esq. | Nov 07 2018

After a hurricane, Florida homeowners in need of repairs often execute an “assignment of benefits” in favor of their contractor, hoping to have their property repaired without any out of pocket cost (except for the deductible) and without the hassle of dealing with their insurance company. An “assignment of benefits” to a contractor is a very popular method to accomplish that goal, but the contractor should be aware of pitfalls and best practices to ensure it gets paid.

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INEFFECTIVE ESTOPPEL LETTERS AND LIEN RELEASES – A CASE STUDY (Construction Factoring) Bruce E. Loren, Esq. and Allen J. Heffner, Esq. | Oct 05 2018

The Estoppel Agreement (or sometimes called a no set-off letter) is a letter sent by the Factor, signed by the Account Debtor, confirming that an invoice to be purchased is due and owing and will be paid to the Factor without setoff, recoupment, defense, or counterclaim. No matter what type of receivables you are factoring, Factors should always try to obtain Estoppel Agreements from Account Debtors. It is an incredibly useful tool that increases the likelihood the Factor will get paid and extremely limits the Factor’s risk – so long as it is done properly.

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BRUCE LOREN TO CHAIR TWO DAY CONSTRUCTION FACTORING COURSE FOR THE INTERNATIONAL FACTORING ASSOCIATIONBruce E. Loren, Esq. | Oct 05 2018

The law firm of Loren & Kean Law is proud to announce that Bruce Loren will chair a construction factoring course (“Factoring Construction Receivables From A to Z”), sponsored by the International Factoring Association, in Las Vegas from October 25-26.Registration is still open with the IFA at https://www.factoring.org/ifaevents. Jennifer Fogg, President of TBS Factoring, LLC will be co-chair of the event and will offer her real-life experiences to complement the legal issues.Anyone who regularly purchases or is thinking about purchasing construction receivables will benefit from this comprehensive course.

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Subcontractors Are Entitled to Make a Claim on the General Contractor’s Surety Bond Despite a Valid Pay-if-Paid Clause in the SubcontractBruce E. Loren, Esq. and Kyle W. Ohlenschlaeger, Esq. | Oct 04 2018

Surety bonds in Florida are subject to claims even if the subcontractor has agreed to a valid pay-if-paid clause in its contract with the general contractor. This is true even if the pay-if-paid clause expressly indicates that the protections extend to the general contractor’s surety. Only when the contract expressly extends the pay-if-paid clause to the bond and the surety has issued a statutory “Conditional Payment Bond” will the surety be protected by the pay-if-paid provision. This article assists subcontractors to identify a “Conditional Payment Bond” and outlines the procedures for making valid claims.

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