Author Archives: James O. Birr, III, Esq.
Under Florida law, when a party violates or “breaches” a contract, the amount of money the non-breaching party is entitled to recover depends on the types of damages allowed by law and/or the parties’ contract. As a result, it is … Read Full Post
In the past, when a homeowner needed certain roof repairs, that homeowner could not only look to a roofer to fix his or her roof, but potentially to an insurance company to pay that roofer for those repairs. This relationship … Read Full Post
Spoliation Of Evidence: When Does An Individual Or Business Have An Obligation To Preserve Evidence?
When litigation arises, parties to that litigation need evidence to prove their cases. In many instances, non-parties may have documentary evidence to support and/or refute the litigants’ positions in that lawsuit. But, what is a non-party’s obligation to preserve evidence … Read Full Post
Under Florida law, a roofer must have a license to perform work in Florida. Roofers (or “roofing contractors”) are classified as Division II Contractors under section 489.105(3), Florida Statutes. Roofing contractors must hold one of two distinct types of licenses. … Read Full Post
Real property purchase and sale agreements often contain detailed requirements pertaining to termination, inspection, placing of deposits, and even the form in which certain notices to parties must be provided. Of course, parties to such agreements must read and understand … Read Full Post
Many leases contain renewal language, allowing the lessee to renew the lease term after the original lease term expires. These provisions sometimes contain notice requirements and fulfillment of certain conditions precedent. In some instances, the leases may automatically renew. In … Read Full Post
Whether purchasing a business, a piece of real property, or even a car, there is likely a lengthy contract that goes along with that purchase. Many of those contracts contain “as-is” or “no warranty” provisions. These types of provisions may … Read Full Post
In many business transactions, parties attempt to limit their liabilities and shift risk. Typically, it is the party with the most leverage in that business transaction that seeks to include exculpatory provisions to minimize its risk. As a general rule, … Read Full Post
Many construction contracts for Florida projects contain arbitration provisions that require venue in a state, other than Florida. The term “venue” refers to the location where litigation will take place, in the event a dispute arises. Although Florida has a … Read Full Post
Consumer products often include some form of written warranty. Depending on the type of product, that written warranty may be governed by the requirements of the Magnuson-Moss Warranty Act (“Magnuson-Moss Act” or “Act”). The Magnuson-Moss Act was enacted to protect … Read Full Post