The Law Offices of Geoffrey D. Ittleman, P.A.The Law Offices of Geoffrey D. Ittleman, P.A.2026-05-21T19:08:59Zhttps://www.ittlemanlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404957/2022/02/cropped-site-icon-32x32.jpgOn Behalf of The Law Offices of Geoffrey D. Ittleman, P.A.<![CDATA[Can I sue a customer for nonpayment?]]>https://www.ittlemanlaw.com/?p=469652025-09-29T10:48:01Z2025-09-29T10:48:01ZEstablish your claim clearly
Before considering legal action, it is crucial to have a solid foundation for your claim. This involves having a contract, either written or verbal, that shows the client agreed to pay you.
Written contracts provide stronger evidence, but oral agreements can also be enforceable if you can prove their existence through witnesses, partial payments or other documentation. Regardless of the contract type, ensure you can demonstrate that a clear agreement was made, that you fulfilled your end of the bargain and that the customer failed to meet theirs.
Pursue pre-litigation steps
Before filing a lawsuit, always try to collect payment outside of court. Sending a formal demand letter often resolves the issue and demonstrates to the court that you made good faith efforts to collect the debt.
This letter should clearly state the amount owed, list the services or goods provided, reference the original agreement or contract and set a reasonable deadline for payment (typically 10 to 30 days). Sometimes, a firm, professional letter prompts the debtor to pay without further action. This step can save time and resources while preserving business relationships when possible.
Consider offering payment plans or settlements for a reduced amount if full payment seems unlikely. Document any payment arrangements in writing to avoid future disputes.
Consider the Florida small claims court
Florida offers a streamlined process for smaller disputes. For claims up to $8,000, you can file a lawsuit in Florida’s small claims court. This court helps businesses and individuals resolve monetary disputes without the need for extensive legal procedures.
You still present your case, and a judge makes a decision. Understand the exact amount the customer owes you before filing, including any applicable interest, late fees or collection costs that your contract allows.
Small claims cases typically resolve within 30 to 60 days, making the process faster than traditional litigation. However, you may be limited to monetary damages and cannot seek other remedies, such as injunctive relief.
What you need to prove in court
If you do sue, you must present evidence supporting your claim. You must show the existence of an agreement, your completion of the work or delivery of goods and the client’s failure to pay.
Present all invoices, emails, texts and any other relevant records. These materials demonstrate your side of the story to the court.
When to seek legal help
The bottom line: you can sue a customer for nonpayment, but effectiveness comes from planning, documentation and choosing the right forum. Start with a formal demand, evaluate alternatives and file when it aligns with your business goals. If you are unsure where to begin, a consultation with a qualified attorney can turn a frustrating outstanding balance into a clear plan to recover what you are owed.]]>On Behalf of The Law Offices of Geoffrey D. Ittleman, P.A.<![CDATA[Collecting on insurance claims is a growing challenge in Florida]]>https://www.ittlemanlaw.com/?p=469562025-07-02T19:22:28Z2025-07-02T19:22:28Zmore obstacles in getting payment if there is a disagreement with their insurer. Having professional assistance can be a critical aspect of collecting the maximum based on the policy.
Be aware of the options to settle disputes with the insurer
The rules changes have added obstacles to filing lawsuits against insurers to collect when there is a dispute. A recent change by Citizens Property Insurance Corp. has made it more difficult for public adjusters to receive the 10% they get when an insurance claim is settled for the amount they suggested.
State law says they are supposed to receive that amount. The problem is that the homeowner can have trouble getting other assessments of the damage so they can receive fair compensation for what they have lost. The adjuster’s role is vital to the process as it gives a guide as to the amount the policyholder can receive for the damage. If there is a disagreement, the owner needs to seek other means to get what they believe they are owed.
With this change, people should be cognizant of what they can do to raise the amount to something they believe to be fairer. Going to mediation can be an effective strategy. The property owner and the insurer can see a neutral third party to try and bridge the gap between what the assessment of the damage is from the perspective of the insurer and what the policyholder thinks they should receive to repair or rebuild. These results are non-binding, so there is nothing to lose. Insurance companies are supposed to advise the policyholder of this option.
Having an appraisal is not as common as it used to be, but it is an alternative to explore. With an appraisal, the value of the damaged property will be assessed so there is a guideline of what should be paid to repair or replace it. If, for example, the person had collectibles that were ruined by a flood, they can have the appraiser value it.
The sides pay for their chosen appraiser. For significant gaps in the appraisal, a third appraiser can be brought in with both sides sharing the cost. Increasingly, insurers are taking this out of the policy.
An arbiter could be used. This is like a trial. A legal professional will oversee it, listen to the arguments from both sides and decide. The policy dictates who pays for arbitration. Some insurance companies offer incentives not to have arbitration as an option such as lower premiums.
Insurers should not be allowed to lowball or deny claims without justification
People have insurance because it is meant to protect them in emergencies. The problem is that many companies are happy to take the payments for the premiums, but balk at paying the claim or do not want to pay the full amount. With that, they try to find ways to reduce the cost or not pay it at all.
People who are confronted with this catch-22 will be unsure of what steps they have available to them to hold insurance companies accountable. It can be a shock if people suffer property damage in a fire or a hurricane and then need to fight with the insurance company to get a fair settlement. Consulting with those experienced in insurance claims and pursuing companies can be helpful in making a recovery.]]>On Behalf of The Law Offices of Geoffrey D. Ittleman, P.A.<![CDATA[What is the difference between replacement cost and market value?]]>https://www.ittlemanlaw.com/?p=469532025-12-16T22:51:54Z2025-04-21T14:00:35Zreplacement cost and market value can help you make the right decision when selecting a policy.
Replacement cost
Replacement cost is exactly what it sounds like – the cost to replace or repair your entire home. If your home is insured for its estimated replacement cost, the insurance company will reimburse you for the cost of repairing or rebuilding your entire home.
The exact amount you receive for your replacement cost depends on factors such as the size or type of structure of your home. You can estimate the replacement cost of your home by having a professional replacement cost estimate done. This estimate only includes the cost of replacing your home. It does not include the value of any land your home sits on.
One of the primary benefits of replacement loss is it provides you with the best chance to replace or repair your home to its previous state with little financial risk.
However, the replacement cost of your home can change over time, so if your insurance policy covers replacement cost, you should review your policy yearly to make sure the replacement cost is still accurate. For example, if you remodel a section of your home, the replacement cost may increase.
Market value
Market value is the amount a buyer would pay to purchase your home and any surrounding land you own in its current condition. There are many factors considered when determining the market value of your home outside of the cost to replace the home itself.
Although this is a factor considered, similar homes in the area, local crime statistics and proximity to amenities, such as good schools, are other factors that play into a home’s overall market value.
Market value is often less than replacement value. The advantage of insuring your home for market value is that you will likely pay less for a homeowners’ insurance policy.
But this may cost you if your home is damaged or destroyed. You may receive compensation for your home’s market value but the cost of replacing your home might be more. You then need to come up with the difference to replace your home or build or purchase a less expensive home.
Know your rights under your policy
Regardless of what option you choose, your insurance company has a duty to work with you and act in good faith, paying you what you are owed pursuant to your policy coverage.
When you file a claim with your insurance company after damage or loss, remember to review your policy carefully to ensure you understand your rights and what you are entitled to. Additionally, document all conversations with your insurance company and a record of every written communication.
]]>On Behalf of The Law Offices of Geoffrey D. Ittleman, P.A.<![CDATA[Who is responsible for construction defects?]]>https://www.ittlemanlaw.com/?p=469432025-01-14T16:33:41Z2025-01-14T16:33:41ZGeneral contractor
A general contractor is usually the main person liable for construction defects. The general contractor manages the entire construction project and is the primary point of communication between subcontractors and suppliers.
If the defect involves subpar work, negligent management or failure to follow building codes, the general contractor might be responsible.
General contractors are usually responsible for the actions of their subcontractors. Therefore, if the defect is the fault of a subcontractor, your claim might still be against the general contractor.
Suppliers, engineers or architects
Sometimes a construction defect arises from defective materials. Faulty material can cause major problems even if they are installed correctly. If you were provided with damaged materials, the supplier could be the party to hold responsible with a construction defect claim.
Engineers and architects are responsible for designing the construction project. Errors in the design or planning can cause structural issues that cannot be undone. When this is your problem, your construction defect claim could be against an engineer or architect.
Determining liability for construction defects usually involves a thorough investigation. You must examine the roles of each party involved in the process.
Although this often takes time, construction defect claims in Florida must be brought within four years after a project is complete. You should start your investigation as soon as you learn of a potential defect to ensure you file your claim in time.
When you determine the appropriate party to file your claim against, you must decide which type of claim to pursue.
Negligence and strict liability
Construction defect claims are often based on the legal concept of negligence. All parties in the construction process have a legal duty to use reasonable care in the construction process. A breach of this duty of care that causes a construction defect and resulting damages establishes negligence.
Some construction defect claims are based on strict liability. There is an implied warranty of habitability in every construction project. This means the general contractor has a legal duty to construct a building suitable for living or doing business in.
While you do not need to show negligence with a strict liability claim, you must show that the contractor was involved in the building project, a defect exists, the contractor caused the injury and the defect caused damage.
Construction defects can cause your business numerous problems that hurt your bottom line. Acting quickly and building a thorough case increases your chance of a satisfactory remedy for the defect.]]>On Behalf of The Law Offices of Geoffrey D. Ittleman, P.A.<![CDATA[Florida homeowners must prepare for insurance claim disputes]]>https://www.ittlemanlaw.com/?p=469402024-10-21T15:14:41Z2024-10-21T15:14:41ZNews report revealed insurer’s alleged misdeeds
Homeowners have long given anecdotal evidence that their insurance company tried giving them the runaround or committed legal violations regarding claims. A whistleblower lent greater credence to the accusations in a 60 Minutes report about how insurers used shady practices to underpay or deny claims after a prior hurricane hit Florida.
The report revealed an insider’s information as to how insurance adjusters are either told to make lower estimates or see their recommendations randomly changed by the company. Since weather-related disasters often cause costly roof damage, structural issues or demolish homes entirely, the amount is crucial for people to move on and start over.
The current weather issues are expected to spark at least triple the number of claims as the hurricane last year. The most recent counts said there were more than 65,000 claims costing nearly $700 million. The number of claims is almost evenly split between residential and business properties. Flooding constituted a significant portion of the claims.
Policy holders should be on alert
Many strategies that insurance companies use to reduce their payouts or deny claims entirely are not as overt as an adjuster’s recommendations being altered. Policy holders who believe their insurer is breaking the law or behaving unethically should recognize the signs and know what to do.
Policies have fine print that people need to be aware of. These can be open to interpretation and the company could use a person’s lack of understanding to take advantage of them. This is true whether it is a hurricane, a fire, a flood, wind damage, mold and more.
The policy holder must be protected to ensure they receive a fair settlement. The company’s behavior, the policy and the damage must be scrutinized from the policy holder’s perspective. Companies that have violated their end of the bargain can be held accountable. Knowing how to do so with insurance claims is critical and may require qualified assistance.]]>On Behalf of The Law Offices of Geoffrey D. Ittleman, P.A.<![CDATA[How do I know my insurance company is acting in bad faith?]]>https://www.ittlemanlaw.com/?p=469372024-07-08T15:51:28Z2024-07-18T15:49:50ZGood faith and fair dealing
An insurance policy is a contract. All contracts come with an implied promise of good faith and fair dealing. This means both parties to the contract will act in good faith and deal fairly with each other when fulfilling their duties under the contract.
Although complications are somewhat expected, it can be hard to know when an insurance company is being difficult or when they are acting in bad faith. You have probably heard of bad faith insurance claims and wonder if that is what you are experiencing.
It is important to know that an insurance company making a mistake does not necessarily mean they are acting in bad faith. Mistakes happen in every job and industry and even a series of errors may not be viewed as bad faith if the insurance company can show it is treating you fairly and acting in your best interest.
When an insurance company is treating you unfairly when handling your claim or improperly denying your claim, you could have a case of bad faith. To succeed in a bad faith insurance claim, you must generally prove that the insurance company did more than make a mistake; they intentionally or purposefully denied your insurance claim.
Refusing to settle or offering an unreasonably low settlement offer
Rather than refusing to investigate, sometimes an insurance agent will start improperly investigating factors that have nothing to do with your claim. If you feel that the insurance company is actively working against you or going above and beyond to find a reason to deny your claim without justification, they may be acting in bad faith.
If you can prove bad faith, you could receive various types of damages. Common damages include any actual financial losses you experience from their refusal to process your claim properly, interest on the losses and court costs. Depending on your circumstances, punitive or emotional distress damages can be recovered.
Document all interactions you have with an insurance company
Record the days and times you speak with them, who you speak with and what you discuss. Take notes as you talk and write a summary of any verbal conversations.
Keep records of all written communications. Read your policy carefully and do not be afraid to ask questions. If you file a bad faith claim, taking these steps will help you prove your case.
Insurance companies are meant to protect us in times of trouble and loss. We count on insurance companies to help us rebuild our lives and cover our losses. When an insurance company acts in bad faith, it only adds to the hard times you are going through.]]>On Behalf of The Law Offices of Geoffrey D. Ittleman, P.A.<![CDATA[Five ways to reduce conflict over change orders]]>https://www.ittlemanlaw.com/?p=469352024-04-12T15:21:18Z2024-04-12T15:21:18Zchange order disputes? Let’s look at some effective strategies that might help you steer clear of these legal issues.
Strategies for avoiding change order disputes
The strategy that you implement to avoid a change order dispute is going to rest on the facts at hand. That said, here are some options that you might be able to utilize in your case to avoid litigation, save yourself money, and protect your integrity and reputation:
Avoid word of mouth agreements: Some small business owners take pride in their ability to strike agreements with nothing more than verbal commitments. Although this might help streamline the process, it can also put you at risk of disagreement. Without a written contract in place, there are no parameters in place that dictate what change orders are supposed to look like. So, be sure to reduce your construction contracts to writing.
Be as detailed as possible in your contract: When you draft your construction contract, be as detailed as possible when addressing the scope of the project and the details of the project itself. By clarifying these issues upfront, you can reduce the risk of confronting a change order dispute. You’ll also want to clearly specify what the change order process will look like, advocating for something that is fair to all parties involved. This will likely foster a collaborative approach to change orders rather than generating conflict.
Clearly document everything: When a change order is needed, it’s helpful to have documentation backing up the request. If you don’t have that documentation, then the other parties to the contract are going to be resistant to the change that you propose. Think of this detailed documentation as your way to convince the other side that what you’re requesting is necessary.
Keep clear lines of communication: A change order request is more likely to face conflict if it’s sprung on the other party without notice. If you stay in good communication with the other parties, though, then they may see the issues at hand before you even formally suggest a change order. This will make them more amenable to the process and less likely to engage you in some sort of legal dispute.
Be willing to negotiate: If the need for a change order arises, you can reduce your risk of legal action by carefully negotiating what that change order will look like. If you try to ram something through without discussing it with the other parties, then you’re bound to face pushback and potentially legal action.
Are you facing litigation over a change order?
Despite your best efforts, you might still end up facing litigation related to a change order. When this happens, be sure you have strong legal arguments on your side to protect your interests. Don’t wait too long to build your case, though, as doing so could put you at an increased risk of a poor outcome.]]>On Behalf of The Law Offices of Geoffrey D. Ittleman, P.A.<![CDATA[Five ways to resolve your partnership dispute]]>https://www.ittlemanlaw.com/?p=469152025-12-18T16:39:30Z2024-01-22T19:52:29ZSo, what’s the best way to address a partnership dispute?
Before throwing in the towel and giving up on your partnership, you should consider the various options available to you when it comes to resolving even the most heated disagreements. This includes:
Amending the partnership agreement: Sometimes a partnership dispute can be quickly addressed by modifying the existing partnership agreement. To figure out the best way to amend the agreement, though, you’ll want to negotiate the change with your partners. This will require the ability and willingness to sit down to hash the matter out informally. If that’s not possible, then this option might not be right for you.
Using mediation: When opinions are solidified, it can be hard to talk through complex business matters on your own. This is where mediation can prove beneficial. Here, a neutral third-party helps you and your partners identify the issues underlying your dispute and possible solutions to the issues at hand. Mediation thus helps facilitate effective communication while still giving you a say in how the issue is ultimately resolved.
Litigating the dispute: If you and your partners can’t hash out your differences by talking through them or changing your partnership agreement, then you’re probably going to have to take the matter to court. For example, if there’s been a breach of contract or a breach of the fiduciary duty, then proceeding with business litigation might be the only way to protect your partnership and recover any compensatory damages that you and your business have experienced.
Buying out the partner: When a problem can’t be resolved, one option is to simply buy out the partner who is causing conflict. This can be a complicated and sometimes costly process, but your partnership agreement should provide some guidance as to what the process will look like.
Dissolving the business: When the options mentioned above don’t work, then you might be left with dissolution as your only resolution. Winding down your business can be an emotional blow, and the logistics of it can be difficult to navigate, but having support and guidance throughout the process can make it easier.
Competently navigate your partnership dispute
If improperly handled, a partnership dispute can derail your business and your finances. Don’t let that happen to you. Be prepared to address the partnership challenges you’re facing by knowing your options for resolution and how to utilize legal strategies to your advantage. By doing so, you’ll hopefully protect your business and ensure that your partnership disputes are resolved as favorably as possible.]]>On Behalf of The Law Offices of Geoffrey D. Ittleman, P.A.<![CDATA[Understanding the flood insurance claim process]]>https://www.ittlemanlaw.com/?p=469132023-11-06T19:21:40Z2023-10-20T18:19:47ZContact your insurance company immediately
This is why it is a good idea to have a basic understanding of how the flood insurance claim process works in Florida. You should contact your insurance agency or claim adjuster as soon as you can after the flood to report the loss. Most policies require you to give immediate notice of your loss.
Have necessary information ready when you call, such as your policy number, the name of your mortgage company and your contact information. You should hear from a claims adjuster within 24 to 48 hours after you file your claim, although the time can vary depending on the severity of the flooding or damage in the area.
Carefully and thoroughly document the damage to your property. Take pictures and videos of all damage even items that will be thrown away. Take the photographs before you move or discard anything. Obtain the make and model numbers of any damaged appliances.
Working with the insurance adjuster
The adjuster will visit your home to assess the damage. Cooperate with them and exchange contact information. Your adjuster should provide you with detailed explanations of your claim, such as what your policy covers and what your insurance company needs to process your claim.
Ask your insurance company or the adjuster if you are eligible for an advance payment. This is a portion of your claim payment that is paid up front so you can take care of immediate needs and expenses.
Remember that your adjuster is not the one who makes the final decision on your claim; the insurance company does. Do not argue with the adjuster or plead your case to them. Provide them with the information they need and be polite and respectful.
Give the adjuster your documentation of the damage, such as the photographs and videos. Although it is not required, organizing your photos and videos by room or type can help the adjuster and insurance company make an accurate assessment of damages.
Know your deadlines
The purpose of the adjuster’s visit is to help you determine an estimate of your total damages. Ask about any deadlines you must meet to avoid a denial.
There are various reasons flood insurance claims are denied. Sometimes more information or documentation is required for approval and sometimes the reasons are more complicated. There are legal options you can explore if your flood insurance claim is denied.]]>On Behalf of The Law Offices of Geoffrey D. Ittleman, P.A.<![CDATA[Geoffrey Ittleman selected for Super Lawyers]]>https://www.ittlemanlaw.com/?p=469122023-07-18T12:58:17Z2023-07-18T12:00:31Zselected by Super Lawyers for the fourth year in a row.
As the managing attorney of The Law Offices of Geoffrey D. Ittleman in Fort Lauderdale, Florida, Mr. Ittleman practices insurance law, representing clients in Fort Lauderdale, Miami, West Palm Beach and communities in the surrounding areas.
Mr. Ittleman has more than 20 years of experience representing clients. Earlier in his career, he worked at a litigation-focused firm. In 2004, he founded The Law Offices of Geoffrey D. Ittleman in order to provide more comprehensive legal representation. Today, the law firm represents individuals, businesses and government entities in a variety of legal practice areas, including business law, insurance law, real estate law and appeals.
Focus on insurance law
Mr. Ittleman focuses his practice on insurance law. He has experience with insurance claims, business disputes and issues involving real estate, securities and fraud, He has resolved numerous complex cases at trial and in appeals, in state and federal courts, through out-of-court negotiation and alternative dispute resolution methods such as mediation and arbitration. Several of his cases have been published and set legal precedent.
A graduate of Emory University in Atlanta, Georgia, Mr. Ittleman earned his law degree from the University of Miami School of Law. He has furthered his skills and training in complex litigation with the National Institute of Trial Advocacy. He is admitted to practice before all Florida state courts as well as numerous federal courts in Florida and California.
Super Lawyers is a long-running organization that honors top attorneys across the nation in a wide range of legal practice areas. Using a patented selection process, Super Lawyers draws on independent research and peer reviews to choose the top 5% of attorneys every year. Earlier in his career, Mr. Ittleman was selected for Super Lawyers' Rising Stars program, an honor given to only 2.5% of young attorneys.]]>