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 provide for the recovery of postjudgment interest at the highest […]
In the past, when a homeowner needed certain roof repairs, that homeowner could not only look to a roofer to fix his or her roof, but potentially to an insurance company to pay that roofer for those repairs. This relationship was made possible through what is formally known as an […]
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 of this Blog provided an overview of the importance of […]
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 provides labor, materials or services to clients located in different […]
An all too common situation on construction projects involves subcontractor claims for additional costs caused by the owner. These can often involve differing site conditions claims, claims related to design errors or omissions by the owner’s design professionals, or owner-caused delays. In these instances, the subcontractor has no direct contractual […]
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 contract that was either drafted by the small business itself […]
Under Florida law, a roofer must have a license to perform work in Florida. Roofers (or “roofing contractors”) are classified as Division II Contractors under section 489.105(3), Florida Statutes. Roofing contractors must hold one of two distinct types of licenses. A roofer may obtain a license as a “certified contractor,” […]
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 process in Florida when bidding on a public procurement contract. […]
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 become effective on October 1, 2019, and understanding the new […]
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 results of a scientific test to be admissible, the test […]