Florida Super Lawyers' Rising Stars

Kistemaker Business Law Group is pleased to announce that Attorney and Managing Shareholder Erum S. Kistemaker has been selected to the 2014 Florida Super Lawyers' Rising Stars list. These are the state's top up-and-coming attorneys who are forty (40) years old or younger. Florida Super Lawyers recognizes attorneys for attaining a high degree of peer recognition and professional achievement. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Thank you to Ormond Observer for their post about this honor.

Congratulations are in order!

Congratulations to our own Erum Kistemaker who is being honored as a Law Alumni Fellow of the WM. Reece Smith, Jr. Leadership Academy
(2013-2014 Academy).

The reception is to be held at the University of Miami School of Law's Florida
Bar Reception, hosted by the Law Alumni Association, on June 26, 2014.

Is a Renovation on Your Mind?

Historic preservation laws in many cities and states can limit the right of a building owner to make changes to a building that would affect its historic character. Some restrictions may apply to just one building, while others may apply to whole neighborhoods. Historic preservation laws are not limited to old, elaborate, or famous buildings. Preservation laws have been extended to ordinary homes, in ordinary middle-class neighborhoods that are considered to have some historic or architectural significance. If you are located in a historic preservation district, you may need legal advice as to what you can or can't do on your property.

Contact Kistemaker Business Law Group to find out more.

Frequently Asked Questions about Construction Law

Q: What is a building code?

A: A building code is a law or ordinance enacted by a local authority that sets out the minimum standards that must be met for building design, construction, quality and location. There are also specialized codes for plumbing, electrical and fire safety. Building codes also cover most remodeling projects.

Q: Do I need to obtain any permits?

A: Every community has different requirements. You probably will at least need a building permit. You may have to obtain a special permit to build in a particular area. You should also be aware of any zoning or land use restrictions on the site where you plan to build.

Q: My contractor gave me a written estimate at the start of the project, but now he is billing me for more than the estimate. Can he do that?

A: Generally speaking, yes. An estimate is just that - the contractor's guess as to how much the project would cost you. Be sure before you sign a contract that you know whether the price quoted is an estimate or a firm price. You may, however, be suspicious if the estimate was significantly lower than the actual price charged. If you were induced to sign a contract by an estimate that bears no relation to the actual price, you may have a claim for fraud against the contractor.

Q: Is an oral construction contract legally valid?

A: Depending on your jurisdiction, and depending on the terms to which you have agreed, an oral construction contract may be valid. However, even if an oral construction contract is legally valid, it is not a good idea. There are too many opportunities for misunderstandings and too many potential situations that could arise in any construction project. Both parties are better off with a clearly written document that sets out, in detail, each party's rights and responsibilities.

Q: What is the difference between a building inspection and a home inspection?

A: A building inspector evaluates the building project, usually several times, at various stages of construction, to ensure compliance with local building codes. In some communities, a certificate of occupancy is given only after the home passes a final building inspection. Home inspectors generally evaluate an existing home as a part of the sale or purchase of the home. Home inspectors look at readily accessible systems and components, but they do not certify that a home is in compliance with the building codes.

"... at the end of the lease term, the Tenant must return the leased premises to the Landlord in the same condition as when the lease term began, normal wear and tear excepted." Sounds pretty simple. But what about all of the improvements you made, like cabinets, lighting and partitions?" Those improvements weren't there when you signed the lease. So, returning to the "same condition" may not include those improvements. Who pays to remove them and return your space to its original condition?" Most likely, it's you.
Did you sign a personal guarantee? That guarantee likely reads something like this... "owner guarantees the Tenant's full performance of all the terms and conditions in this Lease..." Which means that you, personally, guarantee that the space is returned to its original condition.

What to do?
Be certain that your lease says: "Tenant must return the leased premises in the same condition as found at the beginning of the lease term, EXCEPT: " Spell out what you're not required to remove or repair. It's really that simple.

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"Erum was recommended to us by a local trusted attorney. We have used her on a variety of cases and projects and have found her to be excellent. We have a couple of small businesses, and have used Erum to help with lease matters, and in one case an eviction of a business tenant that stop paying rent, but refused to vacate. She and her partner have also helped us with real estate transactions. If she says she can do it-she can!"

Roger - Business Client