Category Archives: Press

Engineers are still trying to figure out what caused the catastrophic collapse of Champlain Towers in Surfside, Florida, but there’s evidence that condo owners in the building knew serious repairs needed to be made and struggled to come up with the cash to make them. Condo associations will always be tempted to put off repairs. […]

David Haber provided an opinion piece for the New York Times.    

Engineers say it can take just 30 years for condominium buildings to reach a point when owners can no longer delay making critical repairs.

A task force has been created to investigate Florida’s laws surrounding condominiums and make recommendations for legal reforms to the governor’s office and state legislature in the wake of the building collapse in Surfside, according to people familiar with the plans.

Even as rescue workers continue to search through the rubble of the Champlain Towers South condo building, South Florida lawmakers are vowing to push legislation aimed at preventing another similar tragedy.

For the residents of the Champlain Towers North building, seeing the South tower collapse last week has presented an unimaginable crisis. The two buildings are essentially identical.

South Florida condo lawyers said they’ve fielded plenty of client calls about the safety of their high-rises in the days following the Champlain Towers collapse. The attorneys say their advice on building inspections and dealing with unit owners can prevent catastrophes, although unit owners may not see value in expensive special assessments or legal fees.

Some officials are calling for changes to building codes after Champlain Towers South collapsed, leaving at least 16 people dead and 147 missing.

As the sixth day since the catastrophic collapse of the Champlain Towers South condo building came to an end, rescuers progressed with their painstaking search for survivors as families and friends await any information regarding the fate of 149 people who are still reported missing.

In the wake of last week’s condo collapse in Surfside, homeowners and city officials want to make sure nothing like it ever happens again.

Miami Mayor Francis Suarez said the partial collapse of the Champlain Towers South condominium building could impact policy and real estate.

Search-and-rescue teams hadn’t lost hope on Tuesday. More than 150 people remained unaccounted for after a portion of a 12-story building turned into a compact mountain of pancaked concrete in Miami-Dade County.

El colapso mortal de un condominio en la Florida podría obligar a ingenieros y arquitectos atónitos, asociaciones de propietarios y funcionarios locales a responder preguntas sobre si han hecho lo suficiente para mantener otros edificios con décadas de antigüedad y quién debería pagar la factura de inspecciones y mejoras más frecuentes.

A Florida condominium’s deadly collapse could force stunned engineers and architects, homeowners associations and local officials to address questions about whether they’ve done enough to maintain other decades-old buildings — and who should foot the bill for more frequent inspections and improvements.

The collapse of a Surfside condominium has raised concerns about how resales could tank as wary buyers fear moving into older structures that could require major costly repairs.

The collapse of the Champlain Towers South condo building raises a host of legal issues.

An engineer warned in October 2018 that he had discovered “major structural damage” to a concrete slab below the pool deck in the section of the Champlain Towers South condominium building that collapsed Thursday, killing at least four and leaving scores trapped, according to records released by local authorities late Friday.

Earlier warnings about structural problems at condo that collapsed in Surfside raise questions and expose failures in a system.

A team of U.S. government scientists and engineers have been flown to Miami to urgently assess whether a waterfront building collapse should trigger a broader investigation that could change building regulations Across the country.

As the grim search for the bodies of victims at the collapsed Champlain Towers South continues, some apartment and condo dwellers in Miami are asking themselves: Could my building be next?

The tragic collapse of a beachfront condo in Surfside will likely have a lasting impact on the inspection rules for older buildings, according to experts.

Three of the Firm’s partners are recognized as Super Lawyers with two partners and a senior associate as Super Lawyers Rising Stars.

The city of North Miami’s plan allowing developers Jimmy Tate and Sergio Rok to build a mixed-use project on two city-owned parking lots has hit a legal snag.

The Regalia condo association settled its lawsuit alleging a slew of construction and design defects and building code violations at the luxury oceanfront tower for $17.5 million.

Collecting evidence to prove construction defect allegations can be a challenge under normal circumstances, but the start of the COVID-19 pandemic in early 2020 made the process unique for Miami-based lawyers David B. Haber and Franchesco Soto of Haber Law.

As COVID-19 vaccines become available to the population at large, a question is already dawning on directors and members alike in condominium associations throughout Florida: Can condominium associations require vaccination as a prerequisite for those entering, working, or living on the premises, or for use of amenities?

The year 2020 was financially difficult for many, and its detrimental impacts could last through 2021, if not beyond. While there is hope on the horizon in the form of vaccinations and eventual herd immunity, it will undoubtedly take time to restore financial stability.

A contractor has the opportunity to bid on new project. He/she performs due diligence by reviewing the project, analyzing the available plans, conducting meetings with the owner/developer and identifying the subcontractors to be contracted to work on the project.

Frank Soto Featured in Diario Las Americas.

Haber Law Received the Platinum Level Readers’ Choice Award from the Florida Community Association Journal.

“This case is a good lesson to clearly outline the scope of a contract and offer,” said Ariella Gutman of Haber Law in Miami.    

A recent court decision in Florida appears to have further reinforced the use of the economic loss rule in construction matters, providing manufacturers with a greater defense to claims associated with defective products utilized in construction.

Condo hotels are more common in Florida than many would think Although the details of how condo hotels are structured varies, one common theme applies: they are subject to certain laws which govern condominiums (the Condominium Act).

Attorney Roger Slade submitted bank statements and text messages into evidence to refute the defendant’s reasons for not paying up.

By this point in the COVID-19 pandemic, almost every person in business, construction, and real estate has heard the term “Force Majeure” more times than they can count.

Things may look a little different this year when you return to your home in paradise.

Every condominium association in Florida has certain responsibilities and powers pursuant to its governing documents and Chapter 718, Florida Statutes.

As Americans throughout the country protest systemic discrimination in the aftermath of George Floyd’s tragic death, it is important for communities to also combat the pernicious practice of housing discrimination.

MIAMI, Fla. – August 20, 2020 – Haber Law is pleased to announce that Managing and Founding Shareholder David B. Haber and Partners Franchesco Soto and Christopher Utrera have been recognized by Best Lawyers in America for the publication’s 2021 edition. Additionally, Associate Jacob Epstein received a Best Lawyers®: Ones to Watch recognition. Currently in […]

A lesson in a reversed and remanded case decided by Florida’s Third District Court of Appeal: Consider the limits when seeking damages in contractual disputes.

Jonathan S. Goldstein is featured in the Florida Community Association Journal – July 2020

Haber Law is pleased to announce the addition of Associate Kristen E. Ferrer to accommodate the firm’s growing real estate and condominium practice areas. Ferrer’s practice focuses on representation of community associations, real estate law, and commercial litigation.

Seven Attorneys from Haber Law Recognized as Florida Super Lawyers and Rising Stars for 2020 MIAMI, Fla. – June 11, 2020 – Haber Law is pleased to announce that seven of the firm’s attorneys have been named Florida Super Lawyers and Rising Stars for the year 2020. The recognitions include a cross-section of the firm’s […]

Now, social media is all the rage with law firms jockeying for position on Facebook, Instagram, LinkedIn and Twitter.

In the best of times, any community association’s duty to protect residents by preventing foreseeable harm is a complicated quandary.

The coronavirus pandemic has almost caused the Florida court system to completely shut down. Most of the buildings are closed for business, as they should be.

Haber Law’s Nilka Gomez Named President-Elect of ALA South Florida Chapter

Critical Intersection Where Coronavirus, Biometrics and Condo Associations Meet

So, you retained a contractor, money is still owed, and their work is near completion—now what?

We all know that you can divorce your husband or your wife when the relationship turns bad, but can you divorce your business partner? You sure can.

Haber Law has been recognized as a Top Law Firm in the upcoming 2020 edition of the South Florida Legal Guide, the area’s leading resource for top legal talent. Along with the firm, Managing and Founding Shareholder David B. Haber, Shareholder Roger Slade, and Partner Franchesco Soto are named Top Lawyers. Haber has been named […]

Investors should be cautious of the unique — and sometimes complex — operational, financing and leasing aspects of cold storage transactions and operations, says David Podein of Haber Law. The industrial market has persisted as one of the most in-demand asset types for commercial real estate investors. Industry advisors continue to exalt the link between […]

The building owner and a cigar shop that wanted to open are suing each other, claiming the other didn’t live up to its obligations under the lease for the historic property. The historic Coral Rock House in Miami Beach was supposed to reopen as a cigar store and lounge but stands vacant amid allegations of […]

David B. Haber and Franchesco Soto of Haber Law recognized for their work in Construction Law and Construction Litigation. MIAMI, Fla. — August 27, 2019 — Haber Law, P.A. has announced that Managing and Founding Shareholder David B. Haber and Partner Franchesco Soto have been named in the 26th Edition of The Best Lawyers® in […]

A Miami-Dade judge ruled the developers of Regalia, a luxury condo tower in Sunny Isles Beach, must turn over 100 percent interest in the companies that own the remaining two – and most expensive – unsold units, The Real Deal has learned. The ruling is a blow to the developers who failed to sell the top-priced penthouse […]

Positioned at the intersection of culture and business Haber Law

Law is a service business,” says Haber. “It’s about service and results. Our core values and work style emphasize creativity, efficiency and results.

Whether it be a severe thunderstorm or a full-blown hurricane, it’s important to be prepared for the worst. Hurricane season is around the corner once again, so the question is: Is your law office prepared for the big storm? South Floridians deal with extreme weather conditions every year. Miami is, at best, slightly above sea […]

“How can letting people work less and have more flexibility equate to being more profitable? The answer is in retention…

To the average Floridian, the term “confession of judgment” is likely to be unfamiliar. One reason for this may be because the use of confessions of judgment, by lenders, is prohibited by Florida statute. A confession of judgment is basically a contract provision which allows a creditor to enter a judgment against a debtor without […]

The condo association for the high-end Regalia is suing the developer, architectural firm Arquitectonica and others over alleged design and construction defects. Sunny Isles Beach’s luxury Regalia condominium, where each unit takes up an entire floor and has floor-to-ceiling glass walls, needs $30 million in repairs due to construction and design defects, an attorney for […]

Summary jury trials are so controversial, one South Florida juror has stepped in to question a judge’s authority to mandate them, claiming jurors were misled into thinking a nonbinding trial was real. But not everyone is quick to dismiss them. If a mock trial and a private mediation session had a baby, it would be […]

Haber Law has moved from downtown Miami to a Wynwood building that defies the traditional law firm setting with street art and a “living room” floor plan. The move shows how quickly Wynwood is changing, and how wide its appeal has become. The neighborhood started out as an apparel manufacturing area, and then become adorned […]

In a crucial 4-3 decision, in Delisle v. Crane, Case (No. SC16-   2182) (Oct 15. 2018), the Florida Supreme Court has clarified the   law governing the admissibility of expert witness testimony in   Florida—moving away from the Daubert standard utilized in federal   courts, to the Frye standard. Prior to Delisle, Florida courts were   unsure whether to analyze expert testimony and corresponding   pretrial motions […]

In this digital age, it can be more convenient for board members to simply communicate about association business via email rather than in person, especially when some board members don’t live on-site year-round. However, it is important for boards and management to remember that Florida law requires association business to be conducted at properly noticed […]

The intersection of Florida’s recent medical marijuana legalization and community association law is complicated. The use of medical marijuana within a community association property involves Florida law. Florida has legalized the possession and use of medical marijuana under certain circumstances. However, according to federal law, marijuana is still a Schedule 1 substance per the Controlled Substances […]

There has been much discussion regarding how the environment   and demands of practicing law facilitates stress-induced mental   and emotional illnesses or disorders. For many lawyers, their   mental health issues began in law school and continue due to the   stresses of law practice, especially with advances in technology   facilitating instant accessibility. Oct. 10 is World Mental Health […]

Wynwood is attracting another kind of smaller, home-grown business. David B. Haber, founder of the law firm Haber Slade, is relocating his office from its longtime location in downtown Miami to a 7,400 square-foot building at 251 NE 23rd St. he purchased in 2017 for $6.5 million. The property had previously sold in 2014 for […]

A recent decision from an appellate court in Tallahassee will likely create significant hurdles for condominium unit owners who wish to sue their association and its directors for wrongdoing that affects the entire membership. In Iezzi v Edgewater, the First District Court of Appeal held that members of a not-for-profit condominium association must comply with the […]

Real estate attorney David Haber, founder and managing shareholder with Miami firm Haber Law, helped secure two settlements worth about $3,069,251 and $646,699 against several construction companies for lackluster work and unfulfilled promises on the Vizcayne condos. For anyone who closely follows real estate litigation in South Florida and Miami, the ongoing saga of the Vizcayne […]

MIAMI (August 16, 2018) – The Miami-based law firm Haber Law, P.A. is pleased to announce that managing partner David B. Haber and partner Frank Soto have been selected by their peers for inclusion in the 2019 edition of The Best Lawyers in America®. Haber was selected for his work in Litigation-Construction, Construction Law, and Commercial Litigation. Soto was selected for his […]

Practicing lawyers do not always understand what summary judgment is and how to win on a summary judgment motion. In some courts, obtaining summary judgment is difficult, if not impossible. Other courts love summary judgment and use it as a mechanism to reduce their caseloads. This article will provide some tips about how to obtain […]

MIAMI (August 8, 2018) – Haber Law, P.A., a Miami-based business and commercial litigation, construction law, and real estate law firm, is pleased to announce that three of its partners have been promoted to new leadership roles. Franchesco Soto now heads the firm’s Construction Law Department, David Podein was promoted to lead Haber Law’s Real Estate Transactional Department, and Jonathan Goldstein is […]

Jacob Epstein explains in the Florida Community Association Journal certain changes for communities that are pursuing claims due to a construction defect.  “In December of 2017, the Florida Supreme Court issued a ruling that will likely expedite the Chapter 558 pre-litigation process for condominium and homeowners associations in construction defect cases, ensuring the involvement of insurance carriers […]

MIAMI (June 18, 2018) – Haber Law, P.A., a Miami-based business and commercial litigation, construction law, and real estate law firm, is pleased to announce that three of its lawyers have been selected to the 2018 Florida Super Lawyers list, and five of the firm’s attorneys have been selected to the Super Lawyer’s Florida Rising Stars […]

COMMUNITY ASSOCIATION PREPAREDNESS FOR HURRICANE SEASON Hurricane season is here once again, and that means it is time to consider whether we and our communities are fully prepared in the event a tropical storm or hurricane comes our way. Hurricanes and tropical storms are nothing new for Floridians. But after escaping a major weather event […]

Safety / Mitigation The first considerations for any association after a storm should be safety and loss mitigation. While immediate loss mitigation efforts help to preserve property improvements and are a condition for insurance claims, they also promote safety by preventing mold, fire, debris, electrical hazards, etc. Every association should have a disaster plan, which […]

The recent and devastating death of Shizuka Matsuki, a Florida woman attacked by an alligator, has alarmed and dismayed Floridians while raising many questions for community associations and their residents about alligator safety measures. Floridians are understandably fearful of alligator attacks due to the widespread prevalence of alligators in our state (similar considerations apply to […]

“< What I don’t understand, and I don’t understand it as a lawyer or as a regular human being, is how do you do this in the middle of the day with people driving underneath,” said construction lawyer David Haber. “That’s not just a bad idea, that’s potentially criminally negligent. It’s insane. ” If tightening support […]

The issue of whether a 558 notice serves as a “claim” under a commercial general liability (CGL) policy, such as the one issued by Crum & Forster Specialty Ins. Co. (C&F) in Altman Contractors v. Crum & Forster Specialty Insurance, No. SC16- 420, 2017 WL 6379535 (Fla. Dec. 14, 2017), has finally been resolved and […]

Technology, no doubt, has made a significant impact in the community association arena the last five years.

The issue of whether a chapter 558 notice serves as a “claim” under a commercial general liability (“CGL”) policy, such as the one issued by Crum & Forster Specialty Ins. Co. (“C&F”) in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. SC16-1420, 2017 WL 6379535 (Fla. Dec. 14, 2017), has finally been […]

Cyberattacks and data breaches can occur with any personal or business computer connected to the internet—and there is no reason for condominium and homeowner associations (“community associations”) to believe they will fly under the radar of potential hackers.

In the aftermath of Hurricane Irma, all types of associations will prioritize the following goals: (1) safety and mitigation; (2) restoration (of improvements) and recovery of monetary losses through insurance and allocation of responsibility;

Snowbirds, rejoice: Associations have entered an era of email and internet notice, electronic voting, and internet record keeping.

Two Haber Slade attorneys worked through the logistical issues posed by Hurricane Irma to close a deal on a northeast Miami-Dade County warehouse.

A class action filed in Florida against Atlanta-based Equifax Inc. points to a catch-22 that Equifax has since eliminated.

South Florida avoided a direct hit from Hurricane Irma, but the eastern edge of the storm caused plenty of damage in the region on Sept. 10.

Hurricane Irma has made a significant impact on many properties and people throughout Florida.

The legislature sought to increase transparency and protections from malfeasance for condominiums and to reform estoppel certificates. Burdens, ambiguities, and unintended consequences will inevitably arise in pursuit of these worthwhile goals.

The Miami-based law firm Haber Slade, P.A. is pleased to announce that partner Franchesco (Frank) Soto has been selected to the 2018 list of The Best Lawyers in America for his work in Construction Law.

The Miami-based law firm Haber Slade, P.A. is pleased to announce that partner Franchesco (Frank) Soto has been selected to the 2018 list of The Best Lawyers in America for his work in Construction Law.

Haber Slade Partner Roger Slade recently presented a seminar entitled “Fraud in the Modern World.”

The Miami-based law firm Haber Slade, P.A. is pleased to announce that Partner David Podein has been named a 2017 Florida Legal Elite Up & Comer in the area of Real Estate.

The Miami-based law firm of Haber Slade, P.A. is pleased to announce that five of its attorneys are included in the 2017 Florida Super Lawyers and Florida Super Lawyers Rising Stars lists.