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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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Common 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

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The 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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Five 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

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What Minority Shareholders Need to Know About Their Rights in Internal Corporate Disputes

Minority shareholders are at a disadvantage when internal corporate disputes arise. In some cases, these shareholders are entitled to vote on certain important decisions, such as changes to the company’s articles of incorporation. But even if they don’t have such rights, they are owed certain duties that need to be respected and, if necessary, enforced Read More

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