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Recent Posts

DO YOU HAVE A FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT CLAIM

Posted on 18 January, 2020
In previous articles, I discussed Florida’s Deceptive and Unfair Trade Practices Act referred to as “FDUTPA”…but, it has been awhile.  (For more information on FDUTPA, check here and here.)  Now is as good of a time...

DEMONSTRATING A FRAUDULENT INDUCEMENT CLAIM OR DEFENSE

Posted on 12 January, 2020
In a recent case, Florida’s Fourth District Court of Appeal reversed a trial court’s denial of a motion for a temporary injunction sought by an employer due to an independent contractor’s violation of a non-compete and non-solicitation provision in an employment / independent contractor agreement (“employment agreement”). You...

ENFORCEMENT OF CONTRACTUAL TERMS (E.G., FLOW-DOWN, FIELD VERIFICATION, SHOP DRAWING APPROVAL, AND NO-DAMAGE-FOR-DELAY PROVISIONS)

Posted on 4 January, 2020
What you contractually agree to matters, particularly when you are deemed a sophisticated entity.  This means you can figuratively live or die by the terms and conditions agreed to.   Don’t take it from me, but it take it from the Fourth Circuit’s decision in U.S. f/u/b/o Modern Mosaic, Ltd. v....

MUTUAL OR CONCURRENT DELAY CAUSED BY SUBCONTRACTORS

Posted on 1 January, 2020
How are delay damages treated when two subcontractors cause a mutual or concurrent delay to the project? Assume multiple subcontractors concurrently contributed to an impact to the critical path resulting in a delay to the project.  The delay caused the prime contractor to: (1) be assessed

YOU CANNOT ARBITRATE CLAIMS NOT COVERED BY THE ARBITRATION AGREEMENT

Posted on 21 December, 2019
Regardless of the type of contract you are dealing with, “rbitration provisions are contractual in nature, and therefore, construction of such provisions and the contracts in which they appear is a matter of contract interpretation.”  Wiener v. Taylor Morrison Services, Inc., 44 Fla. L. Weekly D3012f...