Author Archives: Austin T. Hamilton, Esq.

Florida’s Consumer Collection Practices Act (FCCPA) Part 2: Implementing Safeguards and Internal Procedures to Establish a Bona Fide Error Defense to Violations of the FCCPA

Part 1 of this series provided an overview of Florida’s Consumer Collections Practices Act (FCCPA) and explained why it is imperative for all business owners to be aware of, and understand, the FCCPA.  This article explores Section 559.77’s bona fide … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog, Florida Construction Industry Law Blog Practice Areas: , , , , ,

Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA

All businesses in the state of Florida need to be familiar with Florida’s Consumer Collection Practices Act (“FCCPA”).  The FCCPA is found at Sections 559.55-559.785 of the Florida Statutes.  The FCCPA is intended to protect consumers and is intentionally unfair … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog, Florida Construction Industry Law Blog Practice Areas: , , , , ,

Commercial Evictions 101

One of the most important considerations for commercial property owners and managers is maintaining tenant occupancy.  However, commercial property owners and managers will inevitably encounter tenants who refuse to pay rent or who refuse to vacate the premises after the … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , ,

Mitigating Commercial Losses From the Reaction to the Coronavirus (COVID-19)

In addition to the concern over actually contracting the Coronavirus (“COVID-19”), business owners have additional concerns, to wit:  how the reaction to COVID-19 will impact their business and how they can protect their business and mitigate losses during this volatile … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog

Does the Failure to Provide Adequate Parking Constitute a Material Breach of a Commercial Lease Agreement?

Adequate parking is essential to most businesses.  Sufficient parking is needed for a business’s employees, customers or vendors.  Most commercial lease agreements will address parking or will address common areas, which may include parking.  Depending on a tenant’s business, adequate … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog Practice Areas: ,

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: ,

Three Contract Provisions A Small Business Cannot Live Without-From A Litigator’s Perspective, Part 4: Contractual Provisions (Prejudgment and Postjudgment Interest)

Every small business contract should include a provision that states that the business is entitled to recover the maximum rate of interest permitted by law both prejudgment and postjudgment.  Many contracts provide for the recovery of interest, but very few … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Three Contract Provisions A Small Business Cannot Live Without – From A Litigator’s Perspective: Attorneys’ Fees Provisions

Including an attorneys’ fees provision in a small business contract is vital when a small business wants to sue to enforce its contract.  Without an attorneys’ fees provision, a lawsuit may become cost prohibitive for a small business. Part 1 … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Why An Exclusive Venue Provision (Forum Selection Clause) Is Vital For Small Business Contracts In Florida

An exclusive venue provision, or commonly referred to as a forum selection clause, is an integral part of every small business contract.  Including an exclusive venue provision in a small business contract is extremely important for a small business that … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Three Vital Small Business Contract Provisions That You Cannot Live Without – From a Florida Litigator’s Perspective

A large part of my practice involves litigating contract disputes on behalf of small businesses.  I frequently receive inquiries from small businesses that are looking to enforce their contracts.  More times than not, the small business has a poorly drafted … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,