Business Damages, Mechanics Flashcards
How long does O have to claim business damages?
180 days from notice receipt.
O’s bus dmg claim packet shd include what 3 items?
BUSINESS DMGS ----------- RON has snow related bus dmg claims. • Records • Offer, GF. • Nature, extent, amt dmgs
Business damage claim docs to be prepared by.
Owner, CPA or business damage expert familiar w/ owner’s business.
How long for LG to respond to business damages claim?
120 days to accept, reject, or counter.
What if LG fails to timely respond?
Deemed rejection.
How cd LG lack of response to business dmg claim, hurt LG?
Cd cause more AF to be paid by LG to O.
How are AF determined?
AF are based off Benefits Atty got for client.
Dfn. “Benefits” if bus dmg docs provided
BUSINESS DMGS ----------- Diff (excl interest) b/w LG's last written offer b/4 O hired atty & FJ or settlement.
Dfn. “Benefits” if bus dmg docs provided &
if no written offer by CR before O hired atty.
BUSINESS DMGS ----------- Diff b/w FJ or settlement & 1st written offer after atty hired.
What risk does O run if NO bus dmg docs provided
They might later be deemed material to determining dmgs.
Dfn. “Benefits” if NO bus dmg docs provided.
BUSINESS DMGS ----------- Diff b/w LG's last written offer w/i 90 days of receipt of docs. & FJ or settlement.
State 8 prerequisites to claim Business Damages.
Business is Damaged by 5 Public Tenants @ the COPA cabana ROW.
- 5 years
- By a public entity.
- Tenants of BO or BO [lessees may qualify]
- Continuous physical operation @ taking site.
- BO = prop taken O.
- Partial taking.
- Adjoining. Locale is adjoining lands also owned by property owner.
- Taken for ROW.
Do all condemnors pay business dmgs?
No. Only public body, not power company.
To claim bus dmgs, does the taking have to be for a ROW?
Yes. “ROW” is broadly construed to include drainage.
b/c 73.071 (severance) speaks of condemnation of a road, canal, levee, or water control facility right-of-way.
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Joynt v. Orange County, 701 So.2d 1249 (Fla. 5th DCA 1997)
Who has B of P?
CR has no burden to put forth evid.
Owner must plead and prove.