Author Archives: Leonardo Ortiz

Mediation

Date
Posted by
Comments0
Mediation

Unless you or your company have been involved in a lawsuit you may not be familiar with mediation.     Many contracts contain clauses that require mediation of claims as a precondition to filing a lawsuit.  Additionally, in Florida judges routinely order parties to attend mediation prior to setting a case for trial.

The mediation conference is typically attended by the mediator, the parties to the dispute, and their respective attorneys.  The mediator is a neutral party that is either selected by the parties or appointed by the court.  The mediator will oversee the mediation conference which typically begins by the mediator delivering an introduction which includes an explanation of the mediator’s background as well as an overview of how the mediator will conduct the proceedings.  It is important to remember that the mediator’s role is to attempt to facilitate a settlement between the parties.  The mediator does not make any decisions about the dispute.

The following tips will help you maximize the possibility of successfully resolving your dispute at mediation.

  • Be prepared and organize all records and files
  • Know your settlement range
  • Explore settlement options (i.e. payment over time or alternative security)
  • Discuss range of attorneys’ fees to see case through trial with counsel
  • Clearly state your position and build trust with opposition & mediator
  • Solicit the other side’s perspective
  • Do not engage in arguments with other side or personalize statements
  • Do not focus on “winning”

Mediators routinely say that no one walks away satisfied from a successful mediation because one party accepted less than they wanted and the other party paid more than they wanted.  The goal should always be figuring out the best way to resolve the dispute.    Mediation will likely be the only opportunity that you alone get to decide how and when the dispute gets resolved.  This is especially important when participating in a court-ordered mediation because if a settlement is not reached then the case will be decided at trial by the judge or jury.

YCF Lien Law Seminar

Date
Posted by
Comments0

I am excited to announce that I will be on the panel for the YCF’s Construction Law Seminar on October 24, 2013 at Current Builders’ office in Pompano Beach, Florida.  The Seminar is free to attend and the presentation will provide audience members the opportunity to learn the nuts and bolts of Construction Lien Law, Bonds, and Contracts from Board Certified Construction Law attorneys.

The YCF functions as a forum in which anyone can network, socialize, and exchange ideas on issues facing mid-career construction professionals. The YCF is open to all interested members without the need of a formal appointment process. To ensure direction and focus, the YCF has a steering committee, a chair and vice chair. The steering committee membership rotates on a regular three-year basis, taking into account geographic and industry issues.

Contact me directly for further information on the YCF and to register for the Construction Law Seminar.

YCFConstructionLawSeminar_Updated

Read before you sign!!

Date
Posted by
Comments0

contract-1

Once you’ve done all your homework and decided which contractor you want to hire the next step is signing the contract.    Ideally, you want to have an attorney review the contract before you sign it.  However, I know that isn’t always realistic so the following highlights the most important terms of a residential construction contract.

  • Scope of work – The contract should say exactly what work the contractor is to going to perform.  You should carefully review this section before signing to make sure the contractor is doing all the work you want them to do.
  • Contract price – There should be an agreed upon contract price for the defined scope of work.  There should also be a payment schedule listing when payments are due.  You should never agree to make final payment until the contractor has finished all the work and obtained final inspection.
  • Change orders – Inevitably the contractor runs into an issue which they will claim is “change order” work.  This construction term means the work is outside the scope of work and the contractor won’t do the work without additional money.  This is why the scope of work clause is so important.  The contract should say that all change orders must be in writing and signed by the homeowner.
  • Schedule – You should make sure the contract includes a written schedule that lists when the contractor is going to start the work and includes an estimated completion date.  Unless the contract includes a completion date, the contractor is legally obligated to complete the work within a “reasonable time” which is extremely vague.
  • Releases – The contract should require the contractor to provide a written release in exchange for all payments.  The release is a written document from the contractor which confirms receipt of payment and waives the contractor’s right to make claims against you for the acknowledged payment.   You should also require the contractor to provide releases from any suppliers and subcontractors working on the project.  In most cases, you won’t know if your contractor has hired any suppliers/subcontractors so you should request a written list of all other companies that will be working on the project.

You will never be able to anticipate everything that can come during the course of any project but by following these tips you are putting yourself in the best position to negotiate any unanticipated problems.

Hiring a contractor to work at your home

Date
Posted by
Comments0

A few months ago my family bought a home in East Hollywood (where we previously lived for 7 years) after spending two years in Cooper City.  We were so excited to be moving back to the neighborhood we missed so much.   Adding to our excitement was that our new home had a swimming pool. My oldest kids, Owen and Stella, have never had a swimming pool so one of the highlights of their summer was swimming in the new pool.

Unfortunately, this past weekend we discovered a leak in our pool.  Once we got over the initial disappointment we quickly started looking for a reputable company to inspect and repair our pool.  I know from my practice and speaking with neighbors that homeowners usually have very little idea how to go about hiring a contractor.

The following points are what I consider to be the most important things for you to consider when hiring a contractor to perform work at your home:

  • First, you should ask for referrals from friends and neighbors.  In this social media era, the odds are you will find at least two or three referrals from your group of contacts.
  • Always meet with multiple contractors.  You probably looked at multiple homes before you bought your house.  You need to do the same homework to make sure you hire the right contractor to protect your investment.
  • Ask for verification of the contractor’s license.  Every contractor is required to have a license from the State and/or County.
  • Obtain proof of insurance.  The last thing you want to do is hire a contractor and then have someone get hurt on your property and have the injured worker sue you because the contractor didn’t’ have the appropriate liability/workers compensation insurance.
  • Last, make sure you got a written proposal from the contractor.  If a contractor isn’t willing to provide a written estimate then this is an immediate red flag to stay away.

Stay tuned for the next post when I tell you about making sure you have protected yourself in the written contract.

IMG_8317

Lenny Ortiz named as Rising Star in Super Lawyers

Date
Posted by
Comments0
Lenny Ortiz named as Rising Star in Super Lawyers
Leonardo Ortiz has been named to the Florida Rising Stars list as one of the top up-and-coming lawyers in Florida for 2013.  Each year, no more than 2.5 percent of the lawyers in the state receive this honor.  The selection for this respected list is made by the research team at Super Lawyers.
Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.
The Rising Stars list are published nationwide in Super Lawyers magazines and in leading city and regional magazines across the country.  For more information about Super Lawyers, go to superlawyers.com.