By H. Clay Parker, Esq. | Published February 28, 2023 | Posted in Business Litigation | Tagged Tags: apex doctrine, deposition, settlement, summary judgment |
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
Read MoreClauses 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
Read MoreDisputing 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
Read MoreUsing Florida’s Lien Laws to Collect on Judgments
If you win a judgment for money damages, whether by trial or by default, your next order of business is to collect. This can be more problematic than obtaining the judgment itself. Fortunately, you have a potent legal remedy: attaching a judgment lien to the defendant’s property. How you obtain a judgment lien depends on Read More
Read MoreResolving Business Ownership Disputes Before They Rise to Litigation
Going into business with others — whether in a partnership, limited liability company, closely-held corporation or other business entity — can be advantageous. Many businesses owe a good deal of their success to the benefits of cooperative management and pooling of resources. However, joint business operations can also result in disagreements, friction and deadlocks that Read More
Read MoreValuation of a Business During Breakup Litigation
Business owners must face the possibility that someday the enterprise will need to be taken apart. Large companies may divest themselves of business units that are not generating sufficient revenue. Small companies are often broken up when there are management disputes or cash-flow problems or when an owner decides to retire or be bought out. Read More
Read MoreClauses That Should Be Included in Every Business Contract
For most companies, business operations are far too complicated to rely on handshake agreements. The best way to be sure that all parties understand and agree on all contractual responsibilities is to put everything in writing. The more complex the transaction, the more the need for a comprehensive agreement that controls each party’s obligations and Read More
Read MoreCommon Defenses to Florida Foreclosure Actions
In Florida, if a borrower fails to pay installments on a loan secured by a mortgage, the lender can file a foreclosure lawsuit to force a sale of the collateral property. Foreclosures are judicial cases that are subject to due process and an opportunity for the borrower to be heard. When answering a foreclosure complaint, Read More
Read MoreThe Importance of Providing for Arbitration in Your Contracts
An arbitration agreement is a clause in a contract that allows the parties to settle disputes outside of the traditional court system. Arbitration is a form of alternative dispute resolution resembling a private trial, in which an arbitrator — a neutral party acceptable to both sides — makes a decision based on the evidence and Read More
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