Video Summary

Insurance companies advise against assigning the benefits of the life insurance policy and the question is whether or not that’s for their benefit or for your benefit. Well, the assignment is usually you’re assigning it to someone to pay a bill or for some reason why you’re assigning it or you’re selling that benefit. And so if you’re selling it to somebody, well that means they’re making a profit. So I believe that the advice not to assign the benefits under the life insurance policy or any insurance policy is probably a pretty good idea not to do that unless you consult with an attorney as to why you’re doing it and if you have any other choices. I see that it is probably a pretty good idea to assign life insurance benefit to a funeral home, however, to pay for a funeral. If you do not have the necessary funds to pay to have someone buried and you were left to be the beneficiary and you want your loved one to be buried, well I think that’s a pretty good assignment. And then you can always see about recovering the cost of the funeral if there’s an estate proceeding.

So if there are other circumstances wherein you’re assigning the life insurance policy, you need to probably consult with an attorney as far as why you’re doing it and whether or not it’s advisable. I’m not sure why the life insurance companies or the insurance companies tell you not to assign it, but I think that that’s pretty good advice until you talk to an attorney to determine whether that’s in your best interest or whether or not you have any choices in the matter. If you have any questions about that, give me a call at 727-847-2288.

Video Summary

How can I dispute a landlord’s claim on my security deposit for repairs or damages?

Well it’s addressed in the Landlord Tenant Act and the landlord must give you a notice of their claim within so many days. I believe it’s 30 days from the termination. It may be 15 but they have a certain period of time where they must give you that notice. If they do not you’re entitled to the return of your deposit.

If they do send you the claim, you need to sue them in small claims court, get the return of your deposit whereupon they will have to prove what the damages are. Unfortunately your remedy is having to go to court which is usually in small claims court in order to recover your security deposit from a landlord. If you have any question about that, give me a call at 727-847-2288.

Video Summary

After a Notice of Commencement has been signed, can you change your contractor?  The answer is yes; however, it is circumstances surrounding changing your contractor is what’s critical.

If you change it before you go in to get your building permits, or while you’re getting building permits under a different contractor, well then you will simply prepare an Amended Notice of Commencement before you ever start work.  If however you terminate your contractor, well then you’ve got to through a termination process as far as terminating the contractor and simply filing an amendment as your Notice of Commencement is concerned.  So yes, you can.  It is somewhat difficult to do.  And usually involves discharging a contractor and then filing a Notice of Recommencement under a – filing a Notice of Recommencement to start your work.  So I guess the best way to say this you can, but you need to do it very carefully, and what the circumstances would be.  So if you have any questions about your Notice of Commencement well give me a call at 727-847-2288.

Video Summary

Am I required to allowed unattended access inside my home by my contractor?  The answer to the question is no; however, you need to look at the consequences and are you there, or someone there at every day to provide him access.

Because your contractor’s gonna want to be able to get in there and get the job done.  And so he’s not gonna want to have to wait until you’re at home or whatever.  Of course, if you have a contractor that hadn’t shown up, and he wants to show up every three of four weeks, well it sounds like you need to get rid of your contractor and get someone else.  But you could probably write into the contract that says that he is – that you will be available or negotiate that on the front end.  And particularly if you’re doing a remodeling and you’re living there in your home, the answer to the question is no.

However, it may impeded the progress of your job.  But my experience says, well, that hadn’t been a problem you being there to allow him access, it’s been a problem of him not showing up, and then him wanting to show up whenever he wants to and then complain that he couldn’t get in to do the work.  So it sounds like a problem between the owner and the contractor, and sounds we need to get a new contractor and go through that process rather than talking about access to the home.

So if you have any questions about your construction contract and your contractor, well give me a call at 727-847-2288.

Video Summary

Can a contractor place a lien on my home if I did not sign a contract?  The answer is yes.  Under the Construction Lien Statute, someone who improves real property can place a lien on your property if they are not paid.  That is all under the Construction Lien Statute.  They do not have to give you a notice to owner.  The question then becomes, whenever they try and enforce the lien, as to the amount that they lien the property.  If they do not have a contract, and you do not have an agreed-on price, they have to prove the value of the services they put on your property if they try and foreclose the lien.  So, in answer to your question, yes they can lien your property.

So if you have any problems with a contractor liening your property, or have any questions about the Construction Lien Statute in Florida, give me a call at 727-847-2288.