Author Archives: James O. Birr, III, Esq.

Florida Non-Compete Agreements and Protecting Referral Sources and Patient Lists

Many businesses require their employees to sign non-compete agreements, as a condition of their employment.  In Florida, those non-compete agreements and their enforceability are governed by Section 542.335 of the Florida Statutes.   As discussed more fully below, referral sources and … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Conditional Payment Bonds: Owners and Contractors Beware

Whether you are an owner, contractor, subcontractor, or supplier, payment problems on a construction project can have dire consequences.  To better protect against those payment problems, and depending on the type of construction project, Florida law gives certain persons the … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Cyber Crime and Computer Fraud Insurance: Is Your Business Covered?

In today’s digital world, there are many scams that fraudsters employ to steal money and information from your company.  Those computer-based scams include hacking, phishing, ransom-ware, and spoofing to name only a few. The first step in protecting against these … Read Full Post

CATEGORY: Florida Business Litigation 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:

Construction Disputes: Beware of Contractual Damages Provisions

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

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

What Roofers Need to Know About the New Assignment of Benefits Legislation

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

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

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

CATEGORY: Florida Business Litigation Blog Practice Areas:

Roofing 101: Common Legal Issues and Concerns

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

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Real Property Purchase and Sale Agreements: Beware of the Notice Provisions

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

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

Lease Agreements: Beware of the Lease Renewal Language

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

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