Yearly Archives: 2019

What is a Prior Material Breach and What Does it Mean for My Contract?

Most lawyers can recite the elements for a cause of action for breach of contract.  However, not as many lawyers can explain the effect of a prior material breach on a contract.  This article analyzes prior material breaches and the … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

The SAFE Banking Act and Cannabis: Why Banks Should Take Notice

Although the attention of the political world is currently drawn to impeachment hearings and the countless nominees vying for the Democratic presidential nomination, Congress has still found time to work on a bill that would allow banking institutions to transact … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

The Professional Service Corporation: A Deeper Dive Into Florida Statute Chapter 621

The P.A., or P.L.L.C.  is a corporate structure specifically designed for various licensed professionals who wish to hang their shingle and start their own practice.  Fla. Stat. Ch. 621, also known as the Professional Service Corporation and Limited Liability Company … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Do Construction Contract Contingent Payment Clauses Mean What They Say? A guide for contractors and subcontractors.

Assume you are a subcontractor working on a project to build a large multi-family apartment complex.  You’ve timely and properly performed your work and have submitted monthly pay applications that have been accepted by the contractor and the owner.  However, … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: , ,

Your Skin Is A Canvas: Tattoo Parlors and the First Amendment

Earlier this year, I wrote about a unique land use issue and some very specific First Amendment free speech implications related to the regulation of charitable donation bins (The Right to Blight – Charitable Donation Bins, Freedom of Speech, and … Read Full Post

CATEGORY: Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Blog Practice Areas: , , , , ,

Contracting for Faster and Less Expensive Dispute Resolution

Disputes are a fact of life on construction projects.  There are just too many variables, unknowns and unpredictable things that can occur during the course of a project that can lead to disagreements and disputes, particularly when significant dollars are … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: , ,

Prejudgment Writ of Garnishment

Motion and/or Affidavit of Prejudgment Writ of Garnishment, §77.031 Fla .Stat. Garnishment is a statutory remedy used to reach tangible or intangible personal property of a debtor while that property is in the hands of a third party.  A very … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Construction Professionals: You can still be forced to arbitrate outside of Florida

Construction professionals who work on large commercial projects are probably familiar with the ins and outs of arbitration clauses that appear in many construction contracts. They may even be familiar with the Florida Statute, § 47.025, that prohibits contractual clauses … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

The Corporate Representative’s Deposition: Proper Preparation Prevents Poor Performance

As my high school baseball coach used to say, “proper preparation prevents poor performance.”  The saying is equally applicable in preparing for any deposition.  Litigation often involves depositions of witnesses, which can be fact witnesses, expert witnesses, as well as … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

The Big Picture on Bid Protests

Bid Protests: Understanding of the Basic Framework Your company just found out that the major multi-million dollar government contract that you spent weeks preparing your best and most competitive bid for has been awarded to another company.  You know your … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: , ,