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H. Clay Parker, Esq.
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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

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How 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

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The 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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Using 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

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Resolving 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

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Valuation 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

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Clauses 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

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"My job is to maximize the economic outcome in a legal setting, while advancing your legal rights and cause." Attorney H. Clay Parker IV