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Author: Austin T. Hamilton, Esq.

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

May 14, 2020 Banking & Financial Services Industry Legal Blog, Construction Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 to creditors.  See §559.552, Fla. Stat. (2019); Kelly v. Duggan, […]

Commercial Evictions 101

April 16, 2020 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 lease term has ended.  In these situations, the owner or […]

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

March 16, 2020 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 time.  Much of these concerns are created not by contracting […]

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

February 25, 2020 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 parking may be a material term of the commercial lease […]

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

December 9, 2019 Florida Business Litigation Blog, Professional Services Industry Legal Blog

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 effect on future performance of the contract.  Many of the […]

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

August 12, 2019 Florida Business Litigation Blog, Professional Services Industry Legal Blog

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 provide for the recovery of postjudgment interest at the highest […]

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

August 5, 2019 Florida Business Litigation Blog, Professional Services Industry Legal Blog

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 of this Blog provided an overview of the importance of […]

Why an Exclusive Venue Provision (Forum Selection Clause) is Vital for Small Business Contracts in Florida

July 29, 2019 Florida Business Litigation Blog, Hospitality Industry Legal Blog, Professional Services Industry Legal Blog

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 provides labor, materials or services to clients located in different […]

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

July 22, 2019 Professional Services Industry Legal Blog

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 contract that was either drafted by the small business itself […]

Contractor Guide to Effectively Using the Construction Lien Law and Florida Statute 713.05 for Protection and to Allow a Full Recovery

March 13, 2019 Construction Industry Legal Blog

All contractors and subcontractors in the State of Florida should know that a contractor and a subcontractor may each claim a lien for the same work on a particular project.  However, the contractor and the subcontractor cannot both recover for the same work.  The key is recovery.  Florida law has […]

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