Contract disputes can cause a number of operational headaches for a business. Obviously, contract breaches can be expensive and disruptive. A business may not be able to reopen its facilities due to an unfinished remodeling project. It might fall behind on production if a vendor doesn’t deliver necessary materials. Additionally, a dispute about a contract could affect the relationship that a business has with a supplier or an outside professional. If it proves impossible to amicably resolve a dispute about a contract matter, then the affected business might take legal action. One of the soluti ..read more

As a contractor or other construction professional, you’re familiar with force majeure contract clauses. Florida construction projects can be impacted by natural disasters ranging from hurricanes to sinkholes — not to mention man-made disasters, like fires on the other side of the country or wars thousands of miles away that can affect the availability of needed materials. It’s crucial not simply to have a force majeure clause in your contracts, but to have one that’s thoughtfully written. This will help you avoid liability if an unforeseen event delays or even completely derails a project. It ..read more

Florida’s sunshine state status is about more than beautiful weather and sandy beaches. It also reflects a thriving business environment that attracts many entrepreneurs and investors. This vibrant landscape, however, can also attract those looking to exploit vulnerabilities. Business fraud, including business-to-business or B2B fraud, is a dangerous threat. Understanding its various forms can mean the difference between securing a lucrative deal and losing your hard-earned money. 3 fraudulent scams to watch out for Business fraud is not a single crime – it refers to the various tactics used t ..read more

You probably wouldn’t take an issue to trial unless you believe you have a solid chance at winning the case – but that doesn’t mean that you should forget about the possibility that things won’t go your way. If so, you may ultimately want to file an appeal. To raise an issue on appeal, you have to “preserve a claim of error,” or make a record of the objections raised on questions of law, questions of fact and other matters that fall within the court’s discretion. Here are three times this is commonly done: During voir dire  “Voir dire” is the technical term for the process used to select ..read more

Intellectual property (IP) is often one of the most valuable assets that a business can have access to. As such, whether it’s patents, trademarks, copyrights or trade secrets, safeguarding your company’s intellectual property is likely essential for maintaining its competitive edge and better ensuring long-term success. While it’s generally wise to seek personalized legal guidance to better safeguard company IP, it’s also a good idea to keep the following tips in mind as you start working to protect your business’s intellectual property. Conduct IP audits Take time to keep track of your IP ass ..read more

Defamation against a business can do major damage to its reputation. Unfounded or exaggerated claims made by an outside party can deter prospective clients and customers from doing business with a company. Historically, defamation largely occurred in private settings and could be difficult to track. However, the proliferation of digital technology has made it easier than ever before for one party to intentionally damage the reputation of another and for businesses to discover the source of defamation. Social media platforms and review websites have created a new and shockingly fast way for oth ..read more

The recipe for Coca-Cola is an example of a trade secret because it’s confidential information that gives the business a competitive edge. It would be illegal for someone to steal or reveal the recipe. Type of litigation Theft of trade secrets, referred to as business torts or economic torts, are wrongful acts that hurt a business. Information about this type of crime falls under intellectual property and unfair competition legislation. Defining a trade secret A court considers how easy it is to uncover the information that gives a business a competitive edge when it comes to determining wheth ..read more

Property owners can get angry when they discover something is wrong with a property you’ve built for them. They might hurl accusations without giving you a chance to explain your side of things. If there is an issue with a property you’ve worked on, it could be your fault, but it might not be. Defining which type of defect you are dealing with can help you make that distinction. The 4 types of construction defects When courts look at construction defects, they put them into one of four categories: Problems with the design: Let’s say the property owner contracted you to carry out plans an archi ..read more

It’s no surprise that business partners often fall out over something. There is a lot at stake in running a business, and relationships can be complicated even when no money is involved. If you’re a business owner, how you handle partnership disagreements is what matters. If you handle them well, they could propel your partnership to greater success. If you handle them poorly, it could spell the end of your working relationship and your personal one. The following are some things to consider if a problem arises between you and your partner. What does the contract say? Some contracts are struct ..read more

When two parties in Florida enter into a contract, each is legally obligated to perform their contractual duties. If a contracting party violates the contract by failing to perform as promised, the non-breaching party can pursue remedies as called for in the contract for immaterial breaches or through the court or alternative dispute resolution processes to resolve material breaches. Understanding a breach of contract A breach of contract occurs when one party fails to perform as promised in a contract. Before a breach can occur, there must be a valid contract with one party performing its dut ..read more