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Author Archives: hillrkm

Proposed amendment to ch. 558 would require nonbinding arbitration and allocation of damages to “own work”

During the first week of March, a bill (SB 1246/HB911) to modify the chapter 558 process by adding nonbinding arbitration was filed in the Florida House.  Proposed Sec. 558.045 would require nonbinding arbitration in any construction defect lawsuit, within 180 days after all “proper parties” are joined: “(2) In any action involving construction defects, the… Read More »

The Repose That Wasn’t: Florida Extends The Statute of Repose For Construction Claims By A Year (Or Maybe More)

Folklore in the construction business is that you can safely throw out your records after seven years because the IRS will only chase you for that long.  Effective July 1, 2018, people in the business need to basically double that period, because of the Florida Legislature has extended the ten year statute of repose for… Read More »

Protecting Your Business Domain Begins When You Select It

Check out the link below to read HRKM Owner and Partner, Chris Hill’s, Forbes magazine article. https://www.forbes.com/sites/groupthink/2018/02/25/protecting-your-business-domain-begins-when-you-select-it/#3c6da553130e

Former Congressman Ric Keller’s T.V. Commentary on President Trump’s SOTU Address

Check out Former Congressman Ric Keller’s T.V. commentary on President Trump’s State of the Union Address (see at 1 min.) http://www.fox35orlando.com/politics/310093012-video  

Defending Class Action Lawsuits

Have you been served with a Telephone Consumer Protection Act (“TCPA”) class action? If so, several questions come to mind: What is the TCPA? Why am I being sued? How do I make this TCPA lawsuit go away without destroying my business? By way of background, the TCPA was enacted in 1991 and, with some… Read More »

Defending Property Owners When Serious Construction Accidents Happen

Has a construction worker been injured while working on your property?  If so, several questions come to mind: Will I be sued? Do I have enough insurance? Could the millions of dollars sought by plaintiffs’ attorneys for alleged wrongful death or catastrophic injuries put me out of business?  What did I do wrong? Will the… Read More »

Is There Still A Right To Setoff Settlement Amounts Paid By A Co-Defendant In A Negligence Case Involving Multiple Defendants

Florida Statute § 768.81, titled “Comparative Fault”, provides a statutory scheme for determining damages in a “negligence action” and apportioning these damages if there are multiple parties involved.  The statute expressly defines a “negligence action” as including, without limitation, “a[ny] civil action for damages based upon a theory of negligence, strict liability, products liability, professional… Read More »

Florida’s Open House Party Statute: Don’t Be The “Cool” Parents!

Many of our friends have “kids” who are in the 18-20 year old range.  Whether they are older high school students or younger college students, many of them want to have “a few friends over” to Mom and Dad’s house.  Spring Break, graduation and summer are approaching and many parents are under pressure to allow… Read More »

Attorney Ric Keller Discusses State Attorney Aramis Ayala’s Decision To Sue Governor Rick Scott

Check out Ric Keller on this morning’s Fox 35 segment as he discusses recent news of State Attorney, Aramis Ayala’s decision to sue Florida Governor, Ric Scott.   http://www.fox35orlando.com/good-day/248107537-video  

Issues To Consider If Your Personal Injury Claimant Is A Medicare Beneficiary, And Is Being Treated Under Letters Of Protection

One of the more challenging aspects of successful claims resolution arises in situations where a personal injury claimant receives medical care and treatment pursuant to letters of protection.  A letter of protection (“LOP”), of course, is an arrangement which allows the injured claimant to obtain medical care in exchange for a promise to pay for… Read More »