Tag Archives: Business Litigation
Three Contract Provisions A Small Business Cannot Live Without-From A Litigator’s Perspective, Part 4: Contractual Provisions (Prejudgment and Postjudgment Interest)
Every small business contract should include a provision that states that the business is entitled to recover the maximum rate of interest permitted by law both prejudgment and postjudgment. Many contracts provide for the recovery of interest, but very few … Read Full Post
Three Contract Provisions A Small Business Cannot Live Without – From A Litigator’s Perspective: Attorneys’ Fees Provisions
Including an attorneys’ fees provision in a small business contract is vital when a small business wants to sue to enforce its contract. Without an attorneys’ fees provision, a lawsuit may become cost prohibitive for a small business. Part 1 … Read Full Post
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
Why An Exclusive Venue Provision (Forum Selection Clause) Is Vital For Small Business Contracts In Florida
An exclusive venue provision, or commonly referred to as a forum selection clause, is an integral part of every small business contract. Including an exclusive venue provision in a small business contract is extremely important for a small business that … Read Full Post
Three Vital Small Business Contract Provisions That You Cannot Live Without – From a Florida Litigator’s Perspective
A large part of my practice involves litigating contract disputes on behalf of small businesses. I frequently receive inquiries from small businesses that are looking to enforce their contracts. More times than not, the small business has a poorly drafted … Read Full Post
Checklist Of What To Include In Your Florida Articles Of Incorporation
Florida Law requires that any new company wishing to incorporate in the state of Florida file articles of incorporation with the Florida Department of State. The articles of incorporation is the document that establishes the formation of the company. If … Read Full Post
The Public Procurement And Bidding Process In Florida
For many companies, the award of a single public contract can help cement long-lasting relationships that may result in years of continuing business. Therefore, it is important for companies of all sizes to know and understand the requirements and bidding … Read Full Post
Changes are Coming – What You Need To Know To Meet Florida’s New Private Project Payment Bond Claim Requirements
All Florida construction industry participants need to be aware of the significant new changes to the payment bond claim requirements on private projects under section 713.23, Florida Statutes, made by the 2019 Florida Legislature in House Bill 1247.[1] These changes … Read Full Post
Florida Adopts Daubert as Standard for Admission of Expert Testimony
In 1923, the United States introduced the Frye standard to determine the admissibility of scientific evidence in a court of law. In Frye v. United States, the Circuit Court of Appeals for the District of Columbia ruled that for the … Read Full Post
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