By H. Clay Parker, Esq. | Published September 12, 2023 | Posted in Business Contracts | Tagged Tags: force majeure, liability/indemnity | Comments Off on Six Clauses Essential to Business Contracts
Six Clauses Essential to Business Contracts
Commercial agreements are almost always put in writing. A well-written contract captures the essence of deal and as well as making clear the parties’ rights, responsibilities and expectations. It can also provide for dealing with contingencies and resolving disagreements. However, a contract should be tailored to the particular matter and circumstances so that it effectively Read More
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What Claims Are Common in Commercial Litigation?
While businesses and their owners usually can resolve their differences informally, sometimes matters end up in court. Since litigation is expensive, time consuming and often distractive from business operations, it is something to be avoided. However, sometimes there is no better option. The most common types of commercial litigation are contractual claims, including alleged breach Read More
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Meeting the Legitimate Business Interest Test for Restrictive Covenants
A restrictive covenant is a contractual provision that limits or bars an employee, former employee or other party from taking certain actions deemed harmful to a company, such as working for a competitor, soliciting customers or disclosing privileged information. These agreements are subject to a high level of scrutiny under Florida law, since they have Read More
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Specific Performance as a Remedy in Real Estate Contract Disputes
When a contracting party fails or refuses to perform a duty and causes the other party a loss, the usual remedy is compensatory damages. Courts do not often order the breaching party to fulfill the outstanding obligations. However, real estate contracts can be the exception. This is because the law deems every parcel of real Read More
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Five Common Mistakes in Drafting Business Contracts
Written contracts are necessities in most businesses, controlling a wide range of transactions and other matters. A well-written contract can make business operations predictable and can be invaluable in resolving issues and disputes as they arise. On the other hand, a poorly drafted contract can worsen business problems and leave parties with inadequate remedies. These Read More
Read MoreHow to Establish Standing to Sue in a Florida Business Dispute
The first question a court must resolve in any business litigation is whether the plaintiff has standing to sue. In most cases, this means the individual or organization bringing the lawsuit has a direct, personal stake in the outcome. The three general requirements to establish legal standing are injury in fact, causation and the availability Read More
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Recent Florida Court Rule Changes Affect Business Disputes
Regardless of what type or size of business you own or operate, you may at some point find yourself in a dispute that ends up in court. Litigation is generally not good for business, as the processes involved are complex, time-consuming and often expensive. In response to concerns raised by business litigators, the Florida Supreme Read More
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Clauses That Are Potential Pitfalls in Construction Contracts
The fate of construction projects can often hinge on the wording of the contract between the developer or property owner and the contractor. Fine print in a contract can facilitate or hinder the project itself and lead to legal entanglements. If you’re a party to a Florida construction contract, you need to be wary of Read More
Read MoreThe Top 5 Causes of Florida Construction Disputes
Ideally, real estate construction projects are completed as designed, on schedule and within budget. However, construction projects are, by their very nature, complex affairs that can generate serious conflicts between the multiple people and entities involved, including contractors, subcontractors, material suppliers, developers and property owners, even when everyone acts in good faith. If you’re involved Read More
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Disputing an Insurance Company’s Settlement Offer or Claim Denial
Insurance companies are legally obligated to honor the terms of their insurance policies and to pay out benefits promptly when required to do so. However, a carrier may assert reasons that excuse it from being obligated to pay, such as a claim is excluded from coverage or that the insured person or entity failed to Read More
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