Remember this law (and I mean: remember this law!): “An essential element of a claim for breach of contract is the existence of a material breach of a contractual duty.”  JD Development I, LLC v. ICS Contractors, LLC, 2022 WL 4587083, *3 (Fla. 2d DCA 2022) (citation and quotation...

There are times where a lack of sophistication can come back to haunt you.  This is not referring to a lack of sophistication of the parties.  The parties, themselves, could be quite sophisticated. This is referring to a lack of sophistication with the construction contract forming the basis of the...

Under the Miller Act, a claim against a Miller Act payment bond must be commenced “no later than one year after the date on which the last of the labor was performed or material was supplied by the person bringing the action.” 40 U.S.C. s. 3133(b)(4).  Stated another...

A non-construction raises an important legal principle.  Here it is because it applies to construction disputes.  It actually applies to many business-type disputes.  It is based on what is widely referred to as the independent tort doctrine:

Florida law does not allow a party damaged...