Becker & Poliakoff



Search Perspectives

Show Filters

Area of Focus



Reset Filters

Direct all media inquiries to


Reviewing Lessons from Hurricane Irma

Dear Clients and Friends, With the remnants of Hurricane Florence causing destruction on the Eastern seaboard, we commemorate the one-year anniversary of Hurricane Irma. Hurricane Irma caused damage that is still being addressed. What lessons did your community learn? Were you prepared before the storm with adequate hurricane protection on your property and emergency procedures […]

Read More

Representative developer clients & projects of Becker & Poliakoff’s Real Estate Group

Bahri Developments Corp. Villas of Maydana Condominium (Miami-Dade County) Barrington Group Carolina Landings Savannah Preserve Residences at Longbar BAP Development Cypress Club The Opera House The Onyx The Onyx 2 Premiere Towers Bob Butler Seaside Key West Residences Brickellinvest Bayshore Palms, a Condominium Centerline Homes CMC Group Bristol Tower Limited Partnership Bristol Tower, a Condominium […]

Read More

Significant Cases: Construction

The Firm has been a leader in Construction law in Florida as evidenced by serving as counsel of record in many of the leading appellate cases involving construction law including, but not limited to, the following: Moransais v. Heathman, 749 So.2d 973 (Fla. Supreme Court): This Florida Supreme Court overturned it’s previously held view of […]

Read More

What Developers and Contractors Need to Know About Destructive Testing

Chapter 558 Fla. Stats. is Florida’s pre-suit notice and right to cure procedure, which applies before property owners may assert a claim against a developer, contractor, subcontractor or design professional for construction and design defects. It expressly provides for “destructive testing” of the defective areas of the property via written request and mutual agreement. Destructive testing may […]

Read More

Overview of Florida’s Ch. 558 Process for Developers

Construction problems, such as design defects, poor workmanship, code violations and the like could arise after any construction project, and may signal the beginning of a construction defects claim. Chapter 558, Fla. Stats. is Florida’s pre-suit notice and right to cure procedure, which applies before property owners assert a claim for damages against a developer, […]

Read More

New Law Impacts Bidders’ Access to Public Records and Evaluation Committee Meetings

On June 2, 2011, Governor Scott signed HB 7223 into law. This new legislation amends Florida’s Public Records and Sunshine Laws, by expanding “exemptions” applicable to bids, proposals and replies to sealed competitive solicitations, and closes evaluation meetings from the public in certain instances. First, Section 119.071, Florida Statutes was amended to provide that sealed bids, proposals, or replies […]

Read More

Overview of the Ch. 558 Process for Property Owners

Owners are responsible for monitoring their property for signs of construction problems, which may include design defects, poor workmanship, code violations and the like. Problematic conditions could arise during or after any construction project, such as roof repair and/or replacement, concrete restoration, elevator upgrades and repairs, and work on the air conditioning systems, to name […]

Read More

Government Food Service Contracts Can be Profitable – for Those Who Qualify

Opportunities in today’s food service business are not limited  to  the  private sector. Government at all levels can also be an important customer for food service operators. To decide whether a government concession is right  for an operator, here are some basics they need to know. Available Opportunities The types of government food service contracts […]

Read More

2009 State Legislative Accomplishments

1. Access Health Solutions Monitored legislation that would have negatively affected minority physician networks and their contracts with the Agency for Health Care Administration. 2. Accredited Surety & Casualty Company, Inc.  Advocated for legislation revising bail bonds statutes. 3. American Council of Life Insurers  Successfully prevented a hearing on legislation that would have negatively affected […]

Read More

The 2005 Florida Legislature

As we do every year, we are writing to advise you of changes to construction related statutes promulgated by the 2005 Florida Legislature. The new statutory changes are as follows: Alarm System Contracting House Bill 0041 amended §633.702, Fla. Stats., to provide for a criminal penalty for intentionally or willfully installing, servicing, testing, repairing, improving […]

Read More

The Bleak Future of Tenancy by the Entireties Holdings as an Asset Protection Tool

Holding assets as tenants by the entireties presents such distinct and real problems that it is best to refrain from using these types of holdings as a primary method to protect and preserve wealth. Ask yourself as a lawyer, business person, entrepreneur, or professional whether holding assets (or having clients hold their assets) as tenants […]

Read More

The Inadvertent Waiver of Mandatory Construction Arbitration Clauses

In 1996, the American Arbitration Association received more than 4,000 requests to resolve construction-related disputes involving in excess of $900 million dollars.1 As construction industry groups continue to include arbitration provisions in their form documents, it is anticipated that the use of arbitration will continue to increase.2 Nationally, arbitration is recognized as an expedient, low cost […]

Read More

Country Club Design, Construction and Renovation: Contract Provisions that Protect the Owner

The country club industry represents big business for Florida’s design and construction industry. As new country club communities emerge and existing clubs embark on major renovations, owners of such projects face unique challenges. Members expect uninterrupted access to the club during construction and timely completion within budget. These objectives become difficult and often overwhelming to […]

Read More

Construction Defects and Deficiencies: Promptly Investigate Problems to Preserve Legal Remedies

Imagine that you are sitting on the Board of Directors of the XYZ Condominium Association. The owner of a penthouse unit calls to complain of water stains that have appeared on a bedroom ceiling. A quick check of the calendar reveals that statutory warranties have expired for the building. The developer is contacted and sends […]

Read More