By H. Clay Parker, Esq. | Published May 11, 2023 | Posted in Business Contracts | Tagged Tags: drafting, drafting errors, forum selection, vagueness |
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 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 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 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
Read MoreFive Ways a Poorly Crafted Non-Compete Agreement Can Fail
A non-compete clause is a contractual agreement that an employee will not compete with the employer’s business during employment or will not work in or start up a competing business for a fixed period of time after leaving the employer. A non-compete agreement can place geographic restrictions on where a former employee can work and Read More
Read MoreRaising Affirmative Defenses to Fight Breach of Contract Claims
If someone sues you or your business for breach of contract, your response can go beyond simply denying the plaintiff’s claims against you. You also can assert what are known as affirmative defenses. These are essentially reasons why your actions were permissible and why the plaintiff should not prevail. They are called affirmative defenses because Read More
Read MoreDo’s and Don’ts of Nondisclosure Agreements in Employee Contracts
Businesses have a legitimate need to protect their trade secrets and intellectual property. An effective way to do that is to require employees and independent contractors to sign a nondisclosure agreement (NDA), forbidding the sharing of confidential information with competitors. While NDAs are generally legal in Florida, courts tend to scrutinize them carefully and will Read More
Read MoreEnforceability of Contractual Liquidated Damages Clauses
Liquidated damages are dollar amounts that parties to a contract agree will be paid in the event of a breach. Setting a fixed amount can be preferable to proving actual damages that might be difficult to ascertain when a breach occurs. Florida courts generally recognize the validity of liquidated damages clauses. However, in order to Read More
Read MoreEnforcing Noncompete Agreements in the Florida Courts
Florida generally outlaws contracts in restraint of trade or commerce. An exception is that a company can enter an agreement with an employee, contractor, distributor or vendor that limits them from engaging in conflicting business activities. Sellers of businesses can also be restricted from competing. However, there are several requirements that must be met for Read More
Read MoreEnforcing Liquidated Damages Clauses in Construction Contracts
Liquidated damages are amounts of money that parties to a contract agree are to be paid by one party to the other in the event of a breach of contractual terms. Liquidated damages clauses are common in Florida construction contracts, since they guard against the unpredictable losses that property owners, developers and contractors might suffer Read More
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