Moody
and Shea, P.A. maintains a substantial practice
in the area of representation of international, national,
state, regional, and local construction rental equipment
and materials suppliers. The firm has extensive experience,
having provided representation in excess of 1,000 cases
to suppliers of virtually every type of construction rental
equipment and construction materials, literally, from the
ground up. The firm's clients supply materials, including,
but not limited to, dirt, shell, limerock, asphalt, concrete,
gunite, sod, plants, landscaping, flooring, plumbing, electrical,
mechanical, refrigeration, steel and other framing metals,
lumber, drywall, sheathing, siding, paint, windows, commercial
signs, and roofing.
This
area of practice includes: providing general corporate advice;
contract, account and billing documentation review, as well
as preparation and revision; negotiations and informal resolution
of disputes; and litigation of contract, lien foreclosure,
and payment bond claims. Moody
and Shea, P.A. believes that rental equipment
and materials suppliers' success depends primarily upon
three factors: investigation, documentation, and securing
financial obligations.
The
investigation element pertains to the necessity of a thorough
and complete investigation of the current and historical
credit and financial standing of any party to whom credit
is to be extended, using all of the means available in our
global market linked by the internet. The firm assists clients
in establishing procedures for thorough gathering and analysis
of relevant historical data on customer financial history.
The
documentation aspect of the formula for success requires
the supplier to develop, implement, and maintain thorough
and complete credit applications, credit agreements, personal
guaranties, invoices, and monthly statement forms, in compliance
with Federal and State of Florida law. Moody
and Shea, P.A. is routinely requested to
review and update such critical contract documents for its
existing suppliers client base, and to design and prepare
such documents for new clients to the firm. Additionally,
the firm assists its supplier clients in training and developing
systems to maintain complete file documentation to increase
success in the event of future litigation.
"Securing
financial obligations" refers to the development of
documents and the implementation of procedures to allow
the materials supplier to obtain some form of valuable security
for an otherwise unsecured open account debt, or to increase
the security on an already secured debt. Whether the security
is in the form of personal guaranties, liens on motor vehicles,
mortgages on real property, or perfected security interests
in tangible and/or intangible personal property, the firm
assists its clients in recognizing the need for such additional
security, negotiating with debtors to obtain such security,
and the preparation of proper documentation to obtain a
perfected security interest.
Another
facet of this practice area is that
Moody and Shea, P.A. develops and
provides in-house seminars and training programs for its
supplier clients. These programs are tailored to the needs
of the individual client and provide the client the opportunity
and a means to keep its employees in the credit, as well
as sales, departments abreast of applicable Federal and
State of Florida laws, as well as practices, techniques,
and procedures for increased profitability.
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