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Construction
Law. Often a
construction dispute arises between a builder and a
buyer. Construction cases typically involve:
(i) claims of construction defects; (ii) claims of
work not performed in a good and workmanlike manner;
(iii) delay claims; (iv) lien claims; and (v)
determining when the final payment obligation
ripens. Often questions arise as to whether a
buyer is obligated to go to closing or whether the
buyer may avoid closing. Frequently,
construction cases also involve a desire by a buyer
to obtain a return of their binder deposit and to
avoid performance under a construction
contract. Involving an attorney early on in the dispute
can help avoid or reduce the need to file (or defend) a
lawsuit. Many construction disputes can be
resolved through attorney advocacy efforts such as negotiation, demand, or educating
the adverse party on the legal deficiencies in its
position. When those efforts fail, however,
the filing of a lawsuit to protect and preserve a
client's legal or equitable interests may be proper
and prove wise. The attorney's job is to
advise the client of the legal implications of the
construction contract language; advise the client of the options,
advantages, and disadvantages of various courses of
action; and to implement the client's elected
option. Mercer Law, P.A. can help you
assess your options and understand your legal rights
in construction cases involving residential
construction, commercial construction, and site work
related to subdivision development. Our
clients include national builders, individual
homeowners, developers, material suppliers,
subcontractors, and commercial property
owners. Whether you are a builder or a buyer,
a subcontractor or a land owner, Mercer Law, P.A. can help you
assess your options, understand your legal rights, serve as your advocate, and, if
necessary, litigate your claims through a lawsuit or
arbitration proceeding.
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Litigation
Based on Contracts. These
cases typically involve businesses or individuals
who are parties to the same contract but have
differing opinions as to: (i) what was agreed to;
(ii) what certain contract provisions mean; and
(iii) what their corresponding contractual rights
and remedies may be. Sometimes, a party seeks
to avoid or "get out of" a contract while
the other party desires to hold him to the
agreement. Involving an attorney early on in the dispute
can help avoid or reduce the need to file (or defend) a
lawsuit. Many contractual disputes can be
resolved through attorney advocacy efforts such as negotiation, demand, or educating
the adverse party on the legal deficiencies in its
position. When those efforts fail, however,
the filing of a lawsuit to protect and preserve a
client's legal or equitable interests may be proper
and prove wise. The attorney's job is to
advise the client of the legal implications of the
contract language; advise the client of the options,
advantages, and disadvantages of various courses of
action; and to implement the client's elected
option. No matter what type of contract
you are a party to, Mercer Law, P.A. can help you
assess your options, understand your contractual
rights, serve as your advocate, and, if
necessary, litigate your claims through a lawsuit or
arbitration proceeding.
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Eminent
Domain. Eminent
Domain refers to the power of the government to take
private property for a public use without the
owner's consent. Florida law provides
considerable protection to property owners in
eminent domain cases. Mercer Law, P.A. only
takes cases representing land owners and not the
government entity seeking to take the land.
Florida law ensures that even if the property is
taken, the property owner is entitled to "full
compensation" for his or her land which
includes recovery of attorneys' fees by the land
owner. A dispute frequently arises as to what
"full compensation" means for a particular
piece of property. A
Florida-licensed attorney can negotiate with the
state or county government on your behalf to attempt to get you more
money than what the government initially offered.
Where a landowner and the state or county cannot agree on
compensation, the amount that the land is actually
worth is determined by a jury of your peers--not the
state. Don't simply accept the government's offer
without consulting a licensed attorney. With
Mercer Law, P.A., you will generally pay no
attorneys' fees for defending your property as our
fees in eminent domain cases are paid by the
government. Mercer Law, P.A. can help you assess your options, serve as your
advocate, and, if necessary, litigate your dispute
through the judicial process and court system, all
at no attorneys' fees expense to you.
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Collections & Creditors' Rights.
Mercer Law, P.A.
represents commercial creditors who have not been
paid a debt owed to them.
On June 15 2009, Mercer
Law, P.A. earned a $7,000,000 final judgment for its
client in
Circuit Court in St. Johns County, Florida. Whether you are a
business owner, material supplier, manager,
professional, builder, subcontractor, lender, or
accounts receivable manager, you are entitled to be
paid and Mercer Law, P.A. and its attorneys can
handle your case. Collection agencies can do
little more than make phone calls and send letters,
so don't waste time with them. Have your
demands for payment taken seriously; trust your
commercial collections to licensed attorneys who
have the ability and experience to take your claim
to court if necessary. From locating the
debtor, to serving a demand letter, to negotiating a
work out, to filing suit, to collecting on a
judgment, Mercer Law, P.A. handles all aspects of
debt collection. Debts range in size from
$1,500 up to $7,000,000 and Mercer Law, P.A. and its
attorneys work hard to collect for clients.
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Business
Litigation. Mercer
Law, P.A. prides itself on its experience in solving
disputes for its business clients. When your
business becomes involved in a dispute with another
business, engage Mercer Law, P.A. and its attorneys
to help bring resolution. Cases may involve
litigating over: (i) covenants-not-to-compete or
covenants-not-to-solicit; (ii) breach of royalty
agreements; and (iii) breach of commercial
contracts. Mercer Law, P.A. can help you
assess your options, understand your rights, serve as your advocate, and, if
necessary, litigate your claims through a lawsuit or
arbitration proceeding.
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Easement
Disputes.
An easement is an interest in real property that
gives the owner the right to access or make certain
use of another's land. Easements can come
about in a variety of ways and are a benefit to the
owner of the easement while a burden on the land of
the owner. In some cases, a person's right to
an easement may be challenged. In other cases,
a party may need a court to determine its
entitlement to an easement based on a party having
made adverse use of another's for a
prescribed period of time. Whether you are
seeking to challenge an easement or seeking to
enforce or protect an easement, Mercer Law, P.A. and
its attorneys can help. Mercer Law, P.A. can help you
assess your options, understand your rights, serve as your advocate, and, if
necessary, litigate your claims through a lawsuit.
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Lien
Law and Lien Foreclosure.
Under proper
circumstances, Florida law gives contractors,
subcontractors, materialmen, surveyors, engineers, and laborers lien
rights in an owner's property. There are a
number of prerequisites that must be fulfilled before
a claim of lien can be perfected. Similarly,
there are a number of ways that a defect in one's
lien can arise. A properly perfected lien can
be the basis for a foreclosure action in which a
lienor seeks to obtain a judgment and court order
forcing a judicial sale of an owner's real estate to
satisfy a debt. Under Florida law, a lienor
can generally obtain an award of its attorneys' fees
if its prevails on its lien claim. Whether you are such a property owner
or a lienor, Mercer Law, P.A. can help you
navigate and litigate to best protect your interests.
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Mortgage
Foreclosures. A
person having a mortgage interest in another's land
has a lien interest to secure payment of a
debt. A duly executed note and mortgage can
be the basis for a foreclosure action in which a
mortgage holder seeks to obtain a judgment and court order
forcing a judicial sale of an owner's real estate to
satisfy a debt. Whether you are such a property owner
or a mortgage holder, Mercer Law, P.A. can help you
navigate and litigate to best protect your interests.
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Binder
Deposit Disputes.
A binder deposit is a deposit given by a buyer at
the time of signing a contract to purchase real
estate. Binder deposits vary in amount and may
range from $2,000 to $70,000 to $200,000, depending
on the size and nature of the property.
Generally, the seller wants a larger deposit to
increase the likelihood the buyer will go to
closing. During a down real estate market,
buyers frequently want to avoid real estate purchase
contracts and desire to get their deposits
back. Whether you are a seller seeking to hold
a buyer to a real estate contract or a buyer seeking
to get out of a contract, Mercer Law, P.A. has the
experience to review your contract, ferret out
loopholes, advise you of your options and litigate
to attempt to protect your interests.
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Contract
Review & Drafting.
The
assistance of an attorney in helping a client
review or prepare a contract can often reduce ambiguity
in the terms and conditions and reduce the likelihood
of prolonged litigation resulting in a court later having to determine what the parties really intended.
Naturally, contract language often governs the
rights and remedies of the parties. Protect
your interests. Let Mercer Law,
P.A. help you prepare a contract or review a
proposed contract given to you.
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Real
Estate Disputes.
The incredible
growth in the real estate markets in St. Johns,
Flagler, and Duval Counties over the last decade
have resulted in unprecedented demand for land and
improvements. Transactions between buyers and
sellers of real property often give rise to the need
for litigation services, such as: where a seller
refuses to close on the sale of his land after he
contracted to sell to a buyer; or where a buyer
backs out of a purchase and refuses to relinquish
its right to its binder deposit. In these
cases, lawsuits for specific performance or a
declaratory judgment may be necessary. Real
estate disputes between neighbors can arise where one
landowner makes adverse use of another's land for a
prescribed period of time or where two owners of the
same parcel cannot agree on what to do with the
land. A purchaser who contracts to buy a
condominium in Florida may have a number of options
for avoiding or "getting out of" the
contract. Mercer Law, P.A. can help you assess your options, serve as
your advocate, and, if necessary, litigate your
dispute through the court
system.
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Disputes
Involving Homeowners' Associations, Condominium
Associations, and Co-op Associations.
A
surprising amount of litigation involves disputes
between Homeowners' Associations, Condominium
Associations, or Cooperative Associations and one or
more of their respective members. Mercer Law,
P.A. only represents individual members and not the
association. Disputes can arise based on
selective enforcement such as where an HOA is
unevenly enforcing its covenants. Disputes may
also involve an association's refusal to approve a
member's request to construct an improvement on their
property. Mercer Law, P.A. can help you
assess your options, serve as your advocate, and, if
necessary, litigate your dispute.
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Landlord
and Tenant Law & Evictions.
Whether
you are a landlord or tenant, in a commercial or
residential lease, Mercer Law, P.A. can guide
you in a way that will best protect your interest
should a Landlord/Tenant dispute arise.
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Appeals.
If you were involved in a trial the decision of
which needs to be
appealed or if you won in the lower court and the other party has filed an appeal, Mercer Law,
P.A. can handle your case on appeal.
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Arbitration
& Mediation. Often, clients
become involved in a legal dispute where arbitration
or mediation is required or desirable. Mercer Law, P.A. is
experienced in taking client cases through both arbitration and mediation and
can handle your case on either alternative dispute
resolution path.
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