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Author: James O. Birr, III, Esq.

Dispute resolution provisions: What’s in your contract

January 26, 2023 Construction Industry, Professional Services Industry Legal Blog

Well-drafted business contacts contain all types of key provisions, ranging from payment terms, work to be performed, and how disputes are resolved.   When it comes to dispute resolution provisions in a business contract, those provisions should address where the dispute gets resolved (known as the forum or venue) and […]

Florida Limited Liability Companies: Six Key Considerations for the LLC Operating Agreement

January 24, 2023 Professional Services Industry Legal Blog

Are you thinking about forming a limited liability company (“LLC”) in the State of Florida?   If so, you should give strong consideration to having a written operating agreement in place to govern that LLC.  That agreement will serve as the play book for your company and reduce potential conflicts amongst […]

Assignment of Benefits Under Florida Law: Businesses and Insurers Beware

November 22, 2022 Insurance Industry Legal Blog

Florida’s assignment of benefits statute affects homeowners and businesses alike, and both parties should proceed with caution when dealing with an assignment of benefits agreement. Indeed, section 627.7152 of the Florida Statutes codifies the requirements for a valid assignment of benefits agreement. See Section 627.7152 of the Florida Statutes. What […]

Condominium Board Members: The Business Judgment Rule and Its Protections

April 11, 2022 Community Association Industry Legal Blog

In many condominium associations, unit owners sometimes question decisions made by the association’s board members.  In Florida, those association board member decisions are governed by what is known as the business judgment rule.  That rule affords broad protection to board decisions. One Florida court recently addressed the scope of the […]

How Property Owners Can Protect Their Property from Liens When a Tenant Makes Improvements

December 13, 2021 Cross-Industry Legal Blog

When a tenant contracts for improvements to leased property, the property could be subject to construction liens. This can be particularly problematic for property owners when a tenant does not pay their contractor for those improvements. However, Florida law provides property owners with certain protections from these types of construction […]

Are Confidentiality Agreements or Other Restrictive Covenants Enforceable in Florida Real Estate Transactions?

October 27, 2021 Real Estate Development, Sales and Leasing Industry Legal Blog

It is a common question whether certain restrictive covenants, such as confidentiality agreements, are enforceable in Florida. A restrictive covenant is a contractual agreement or provision designed to protect a party’s business interests and restricts what a party is allowed to do after the agreement is executed. See Proudfoot Consulting […]

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