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Author: James O. Birr, III, Esq.

Limiting Liability in Agreements: Exculpatory Provisions and Ambiguities

December 14, 2018 Florida Business Litigation Blog, Professional Services Industry Legal Blog

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, and depending on the language of the risk shifting provision, […]

Magnuson-Moss Warranty Act and Arbitration Agreements

September 10, 2018 Florida Business Litigation Blog, Manufacturing & Distribution Industry Legal Blog, Professional Services Industry Legal Blog

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 consumers and to prevent deception in certain types of written […]

Federal Miller Act – Staying Claims with Subcontractors who have a Payment Bond

August 6, 2018 Construction Industry Legal Blog

Payment claims on federal construction projects often involve bond claims governed by the Miller Act. 40 U.S.C.§ 3131.  General contractors on these construction projects must furnish a payment bond. The bond protects certain persons/entities supplying labor and materials, and carrying out work on the project.  You cannot require a party […]

The Business Judgment Rule: A Shield for Community Association Board Members and Directors

July 19, 2018 Community Association Industry Legal Blog

Disputes between community associations and their members are common.  These disputes may evolve into lawsuits.  In some instances, the plaintiffs in these lawsuits attempt to hold the directors or officers personally liable for damages.  Luckily for the directors and officers, the business judgment rule shields them from personal liability, unless they breach a fiduciary duty.

Your Guide to the Most Impactful 2018 Legislative Amendments to the Florida Statutes

June 20, 2018 Banking & Financial Services Industry Legal Blog, Healthcare Industry Legal Blog, Insurance Industry Legal Blog, Manufacturing & Distribution Industry Legal Blog, Professional Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Each year the Florida Legislature proposes and votes on bills for amending the Florida Statutes.  Bills that pass both the Florida House and Senate go before the Governor who decides which bills become law.  In the 2018 legislative session, approximately 150 fewer bills were proposed, and 40 fewer bills ultimately […]

Contracts in Florida: Do you Have the Right Venue Provision?

October 31, 2017 Professional Services Industry Legal Blog

Contracts are an integral part of business transactions.  Indeed, businesses and their lawyers spend many hours preparing and negotiating contracts covering myriad issues.  Regardless of the type of business contract, it is imperative that parties clearly and succinctly state how and where any contractual disputes get resolved. Oftentimes, contracts contain […]

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