As you know from prior postings: “Arbitration provisions are creatures of contract and must be construed ‘as a matter of contract interpretation.' ”  Fallang Family Limited Partnership v. Privcap Companies, LLC, 46 Fla.L.Weekly D639e (Fla. 4^th DCA 2021) (citation omitted).    Thus, if you prefer to arbitrate potential...

Florida Statute s. 542.335 is a statute that deals with restrictive covenants in contracts that impose a restraint on trade.  It is an important statute to determine invalid restraints on trade that unreasonably or unfairly prevent competition.  Any invalid restraint on trade...

In a previous article, I discussed a subcontractor’s unjust enrichment claim against a project’s owner and the death of this equitable claim if the owner fully paid the general contractor or paid the general contractor for the subcontractor’s work.  This can be best summarized from a...

The cardinal change doctrine has become a popular doctrine for a contractor to argue under but remains an extremely difficult doctrine to support and prove.  Arguing cardinal change is one thing.  Proving cardinal change is entirely different.   As shown below, this...

A statutory bad faith claim is NOT tolled merely because the property insurer invoked the appraisal process in the property insurance policy.  Zaleski v. State Farm Florida Ins. Co., 46 Fla.L.Weekly D416b (Fla. 4^th DCA 2021).  A statutory bad faith claim requires the insured to comply with