Tag Archives: Business Litigation
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
How Do Construction Liens Impact A Commercial Landlord In Florida?
Pursuant to Florida’s construction lien law, an owner of real property who contracts for improvements to the property is subject to construction liens against the property. However, the lien law is somewhat unique for commercial properties, as the commercial landlord … Read Full Post
Florida’s Banking Statutes of Frauds § 687.0304 Weeds Out Borrower Claims Based On Oral Agreements
Florida’s Banking Statutes of Frauds was enacted in order to curb a 1980s trend of increasing lender liability lawsuits. The enactment of this statute makes it difficult for plaintiffs to maintain tort-based claims that might otherwise flow from the written … Read Full Post
The Fair Credit Reporting Act
This article provides a high level overview of the The Fair Credit Reporting Act, including its statutory authority and the goals of the Act. The article examines what steps a furnisher of information, like a bank, credit union, or credit … Read Full Post
Challenging Quasi-Judicial Decisions Of A Local Government
If you own operate a business, rent to commercial tenants, develop real estate or even just own a parcel containing a single-family home, chances are, you are going to have to seek some sort of regulatory approval from a local … Read Full Post
Wage Garnishment: Does Florida’s Head-of-Household Exemption Apply to Independent Contractor Income
Often, an entire household is dependent upon the wages earned by a single head-of-household. To protect the financial well-being of these dependents, the Florida legislature has exempted some of these wages from wage garnishment. However, Florida courts have struggled to … Read Full Post
Florida Construction Lien: Final Furnishing – Does It Include Punchlist Or Closeout Work?
This blog is part of a series covering a critical component of a Florida construction lien—recording the claim of lien within 90 days’ of “final furnishing.” Failing to record a claim of lien within the 90-day final-furnishing deadline renders the … Read Full Post
“As Is” And NO Warranty Provisions In Contracts: Are They Always Enforceable?
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
Quiet Enjoyment – What Landlords Need To Understand
Almost everyone, regardless of whether they have ever leased out or rented a commercial space, is generally aware of each party’s duties under a commercial tenant lease agreement. The landlord allows the tenant to use his building, in exchange for … Read Full Post
Exit Strategy: What Are Considerations For Preparing To Sell My Business?
Selling your business is one of the most important decisions you will ever make. The reasons for selling your business can vary. It can be a well planned event culminating decades of hard work, it can occur quickly due to … Read Full Post