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Recent Posts

LIQUIDATED DAMAGES IN CONSTRUCTION CONTRACTS – WHO BEARS THE BURDEN?

Posted on 18 June, 2016
Liquidated damages are in many, many construction contracts.   They are designed to capture an owner’s damages if a project, or portion thereof, is not substantially completed by an agreed date.  The liquidated damages provision contemplates that the...

OBTAINING TEMPORARY INJUNCTION TO ENFORCE NON-COMPETE AGREEMENT

Posted on 1 June, 2016
When a party breaches a non-compete agreement (with a non-solicitation clause), the non-breaching party typically moves for a temporary injunction.   The breaching party is the party that signed the non-compete agreement, such as...

PROVING & DEFENDING LOST PROFIT DAMAGES

Posted on 27 May, 2016
I have written numerous articles regarding the challenge in proving lost profit damages.  Yes, lost profits are a form of damages in business disputes, but they are a form of damages that...

PERSONAL GUARANTOR CANNOT ESCAPE A PERSONAL GUARANTEE BY…

Posted on 20 May, 2016
In a prior article, I discussed the point that a personal guarantor cannot escape a contractual requirement of a personal guarantee merely by executing the guarantee as a corporate officer.   

INTERESTED IN FLORIDA CONSTRUCTION CONTRACTING LICENSING???

Posted on 17 May, 2016
  Interested in learning about Florida construction contracting licensing?  Contrary to perhaps popular belief, Florida's construction contracting licensing law is confusing...even for practitioners.  Below is a portion of a presentation on the requirements for construction contracting licensure and the penalties for unlicensed contracting.      Please contact David Adelstein at dadelstein@gmail.com or...