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Enforceability 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

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Enforcing 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

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Enforcing 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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How Will Coronavirus Affect Contractual Relationships and Obligations?

The coronavirus pandemic has disrupted practically every aspect of American life. Whether closed by government order or by concerns about public safety, millions of businesses around the country have seen their operations come to a halt. Despite the overwhelming effect of COVID-19, it is not a certainty that an “Act of God” clause in a Read More

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