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Author: C. Ryan Maloney, Esq.

Recent Florida Case Makes Clear That Settlement Agreements Reached in Connection with Mediation Must be Signed by All Parties to be Enforceable

April 6, 2023 Community Association Industry Legal Blog

Learn about mandatory mediation for certain disputes in Florida before filing a lawsuit, and the special requirement for written settlements reached in mediation. The recent Parkland Condominium Association Case sets an example of the importance of parties, attorneys, and mediators ensuring all parties sign a settlement agreement for it to be enforceable. Discover the details of this case and the general rule of law in Florida that favors enforcing settlements whenever possible.

Overview of a Trust Beneficiary’s Remedies Under the Florida Trust Code for Breach of Trust

January 24, 2023 Banking & Financial Services Industry Legal Blog, Professional Services Industry Legal Blog

Trusts are a common estate planning vehicle, in which property is held in a trust and administered by the trustee for the benefit of the beneficiaries of the trust.  See Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010).  The Florida Trust Code defines a trust beneficiary as […]

Five Key Provisions Construction Material Suppliers Should Include in Customer Credit Agreements

January 23, 2023 Construction Industry Legal Blog, Manufacturing & Distribution Industry Legal Blog

Material suppliers in the construction industry will often need to extend credit to their contractor and subcontractor customers due to the payment cycle on construction projects that can often run 30 days, 60 days or even longer.  Due to this, suppliers of construction materials will often need to enter into […]

Recent Florida Case Highlights Accord and Satisfaction and Final Payment Contract Provisions as Potential Traps for the Unwary Contractor

January 23, 2023 Construction Industry Legal Blog

A recent opinion by a Florida appellate court, Construction Consulting, Inc. v. District Board of Trustees of Broward College [1], is a cautionary tale for contractors.  It highlights that construction contractors need to be vigilant regarding the terms of their contract related to final payment and any conditions put on […]

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