REAL ESTATE & TRANSACTIONAL

From its inception, the firm’s core practice area has been representing clients’ in all aspects of transactional and real estate related matters. For close to 25 years, the firm has provided general business and management representation to individuals, corporations, partnerships and local governmental agencies. We have assisted clients with various business and corporate needs and have provided comprehensive assessments and strategic plans in mergers, acquisitions and joint ventures in all economic climates. The firm also serves as an agent for Fidelity Title Insurance Company and Attorneys Title Insurance Fund.

 

Commercial Real Estate Transactions – Our Commercial Real Estate Transactions Practice area includes representation of South Florida institutional lenders and private clients in their acquisition and disposition of commercial real estate in Miami and throughout the State of Florida.  Our Firm has represented clients in the purchase and sale of various commercial real estate assets including: vacant land, industrial parks, mixed-use projects, office buildings, shopping centers, strip malls, commercial condominiums, and apartment buildings.  We have experience in properly structuring and documenting the commercial real estate transaction. We understand the risks involved and how to avoid common pitfalls. Creative deal-making can make the difference as to how quickly a Commercial Real Estate Transaction can close, and can also be the breaking point in the transaction making financial sense for our clients. While, properly structuring and documenting is the cornerstone of a smooth transaction, the evaluation of a property for use and/or development is just as vital. We advise clients when it is prudent to obtain environmental reports and asbestos surveys, zoning confirmation letters, physical inspections for structural soundness (including roof and termite inspections and, if applicable, 40-year recertification inspections), and financial information (including lease agreements, rent rolls, and profit and loss statements).  Closing a Commercial Real Estate Transaction is no small feat, and is the most demanding of tasks. However, our Firm takes pride in our ability to close commercial real estate transactions in a timely and cost-effective manner.  Areas of Counsel and Service to our Commercial Real Estate Transaction clients: Land Development; Condominiums; Apartment Buildings; Industrial and Retail Offices; Shopping Centers and Undeveloped Land.

 

Residential Real Estate Transactions – Buying a home in Miami can sometimes be over-whelming. At Pozo-Diaz & Pozo, P.A., our attorneys will be with you every step of the way. We offer comprehensive representation to our clients, because we understand that buying a home is often the single-largest investment an individual will make in their lifetime. Most purchasers are not familiar with the real estate industry. Our firm provides our clients with a checklist of items tailored to their particular transaction. Answering questions like: “What is a loan commitment?” “What is title Insurance?” and “Do I need a survey?” are all frequently asked questions our legal professions are ready and able to answer.  Refinance transactions are on the rise, as homeowners are taking advantage of historically low interest rates. Our residential real estate attorneys sit down with our clients and explain to them if refinancing their home is right for them. They discuss the essentials with the client, so they can make an informed decision. Understanding the closing costs involved; the “breakeven” point; and the loan’s APR are just some of the topics that we advise our clients on and ensure they are aware of.  Whether you are purchasing a home or refinancing, our job is to ensure that you are protected. Our experienced residential real estate attorneys are involved from contract to closing. It is our pledge that our clients understand everything before you close.  Areas of Counsel and Service to our Residential Real Estate Transaction clients: Purchase and Sale Agreements; Closing and Escrow Services; Contract Negotiation

RISK MANAGEMENT AND SAFETY

Our firm provides a full range of services for insured companies interested in maximizing their opportunities to reduce risk and associated costs. This may include the analysis and oversight of insurance programs utilized by companies to determine structure, risk appetite and innovative options. As our clients have grown, we’ve provided assistance with options for structure to best protect their balance sheet. Our capabilities include periodic reviews of safety programs and organizational culture to best protect assets.

RIDESHARE CLAIMS & LITIGATION

Pozo-Diaz & Pozo, P.A., is one of the leading firms in Florida representing rideshare partner drivers in liability claims and rideshare carriers in the defense of uninsured/underinsured motorist claims throughout the State. We have experience handling high volume litigation, including the analysis of multiple party claims and their priority in settling competing claims, whether through direct negotiation or with the use of a facilitator.

Our experience in litigating rideshare cases requires direct interaction with the rideshare companies and their litigation teams, which has allowed us to gain an understanding for the rideshare culture from the corporate perspective. We are also familiar with the rideshare company protocols and preferences regarding partner driver counsel’s role in the litigation based upon the exposure in the case.

Rideshare insurance carriers will benefit from our experience in handling the defense of uninsured/underinsured motorist claims wherein the insured is a rideshare company due to the sensitive relationship with the insured in making sure that the interest of all parties are protected, whether pre-suit or in litigation. Our Firm also assists the insurance carriers with the analysis and response of any Civil Remedy Notice that is filed as it pertains to a claim. We work closely with the handling claims professional to accurately understand the events leading to the filing of the Civil Remedy Notice in order to ensure that a proper response is filed with the State and is documented accordingly.

MEDICAL MALPRACTICE

The attorneys at Pozo-Diaz & Pozo, have represented hospitals, surgical centers, outpatient facilities, chiropractors, osteopaths, nurse midwives, physician assistants, advanced registered nurse practitioners, physical therapists, massage therapists, podiatrists, dentists, opticians, optometrists, mental health counselors, psychologists and medical physicians in various specialties in a wide range of medical malpractice claims in Florida that include catastrophic injuries, wrongful death, amputations, spinal cord injuries, brain injuries, and surgical and nursing issues.

Our experience includes defending these claims through all phases, from presuit to litigation and when required, through trial.  Our aggressive representation of these matters includes our team of experienced attorneys consulting with top medical experts from the across the country to assist in the early evaluation and investigation of the claims and to testify on behalf of our clients when needed.  The attorneys at Pozo-Diaz & Pozo defend medical malpractice claims to prevail and also to assist in maintaining the healthcare provider’s standing within the community.

WORKERS COMPENSATION

The attorneys at Pozo-Diaz & Pozo, P.A., have been retained by employers, insurance carriers, and third-party administrators to handle the defense of workers compensation claims throughout South Florida. Our experience in assisting employers in all aspects of workers’ compensation litigation includes providing counseling and vigorously defending them in litigation. We place great pride in our efficient defense and settlement of claims, along with prompt and responsive client communication. Our firm represents employers in a variety of industries including; manufacturing, healthcare and construction.

INSURANCE FRAUD AND INVESTIGATION

Our Firm offers insurance carriers a full range of expertise and guidance regarding homeowner and business insurance fraud and special investigation. This practice area requires aggressive representation when defending against suspected insurance fraud by claimants, lawyers and healthcare professionals. Our goal is to assist the special investigation units in recognizing and efficiently resolving, staged auto and premises accidents and first party property claims, excessive and unnecessary treatment claims, illegal clinic ownership, inflated specials and improprieties in medical billing.

We have also assisted our clients with demands for appraisal, bad faith notices to the Florida Insurance Commission, misrepresentation by the insured and the obligations of the parties to the insurance contract. We understand the claims process and are experienced in assisting insurers in their investigations by conducting examinations under oath, coordinating investigations and evaluating claims.

ADA & ACCESSIBILITY CLAIMS

Our Firm became involved in the investigation and defense of ADA claims when a number of our commercial clients were sued by an individual Plaintiff, who set forth substantially similar claims in each case. We have also assisted clients throughout the State of Florida in complying with the ADA requirements for business and property owners to remove barriers to access by the disabled. The ADA allows disabled individuals who have actually suffered discrimination to seek injunctions from the courts to compel compliance and provides that for doing so they are entitled to recover from defendants their legal fees, costs and litigation expenses. This provision of the act has created a lucrative opportunity for lawyers to sue businesses and property owners to enforce the technical provisions of the ADA in order to seek attorney fees for themselves. In our experience handling the defense of these cases, most are either completely or largely without merit and defensible. However, it is important during the initial stages of these claims to evaluate for our clients the likelihood of a successful defense and the risk of exposure to the Plaintiff’s attorney fees and litigation expenses that are often inflated or unreasonable. This type of early analysis gives our clients the opportunity to make business decisions from the onset of the matter on how the case should be postured for resolution or trial.

PROFESSIONAL LIABILITY

The attorneys at Pozo-Diaz & Pozo, have represented accountants, attorneys, insurance agents and brokers, engineers, contractors, architects and emergency medical professionals (EMT & Paramedics) in all aspects of professional negligence and errors and omissions claims. Effective and aggressive representation is required in this practice area as professionals continue to be the popular target of lawsuits alleging malpractice.

Our experience encompasses a wide range of professional liability issues. Our attorneys have handled claims relating to legal malpractice, error and omission by financial professionals and insurance specialists, as well as construction and design professionals. Our capabilities in this arena allow us to provide our clients with sophisticated knowledge and creative solutions to the issues facing today’s business professional.

INSURANCE & COVERAGE ISSUES

Pozo-Diaz & Pozo, P.A., prides itself on its knowledge base in the arena of insurance and coverage related issues. Our firm is versed in the development and application of the laws of the State of Florida and their application to insurance contracts and indemnity agreements. Our goal is to provide our clients with reliable, accurate, comprehensive and cost effective coverage opinions. We have represented insurance companies, their brokers, agents, reinsurers, purchasing groups and self insureds in this practice area.We are recognized by the insurance industry for our experience in insurance law and litigation practice.

CONSTRUCTION & COMMERCIAL LITIGATION

Our Firm’s construction law attorneys are highly experienced in all aspects of construction litigation and have represented owners, engineers, architects, construction managers, developers, general contractors, sub-contractors and design professionals for both residential and commercial properties on matters relating to construction defects, condominium turnover, contract disputes, payment and performance bond issues, performance claims and mold issues. We have extensive experience in handling disputes and educating our clients in methods of liability avoidance.

We have effectively handled cases in both state and federal courts and routinely work in conjunction with the firm’s real estate attorneys to provide full-services to clients with licensing and permitting needs. Our recent experience in construction law includes:
Construction – Successfully represented multiple stucco contractors in several unrelated multi-party defect matters by obtaining favorable settlements against high-rise condominium owner, apartment complex owner and single-family housing development owner; defended construction defect matter on behalf of roofing contractor filed by a general contractor and its insurer on high profile Miami Beach Condominium project; defended window contractor against claims of construction defects by governmental owner on two separate unrelated buildings; successfully defended defective roofing materials matter on behalf of developer, defended associations from Key West to Palm Beach on various matters relating to plumbing issues, moisture intrusion and mold, defeated indemnity claim of general contractor on behalf of a design professional by filing a Motion for Sanctions as to unsupportable claim involving design of multi-unit townhomes in Tampa leading to dismissal, avoided expensive multi-party litigation through early settlement negotiations on behalf of paint and sealant company.

Commercial Disputes – In a dispute regarding paving contractor’s claim for non-payment successfully defended counter-claim of alleged construction defects and resolved under settlement agreement.