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Fort Lauderdale Florida Litigation, Real Estate And Business Legal Blog

Do you have a deposition coming up? It may be done remotely

Even under the current circumstances, the wheels of justice continue to turn. Civil lawsuits filed prior to societal changes may have continued to move forward or will soon.

If you filed a civil lawsuit or are defending against one, you may need to participate in a deposition. If so, the odds are good that you will attend remotely.

What you may not know about your HOA

Homeowners associations, condo associations and other community governing boards have a bad reputation. Television and movies often portray members and officers of HOAs as power-hungry, entitled tyrants who patrol the streets with clipboards and yardsticks to measure the height of each resident's lawn. A fraction of an inch too high and the homeowner receives a warning and a fine.

However, this is seldom the case. In most Florida communities, the residents themselves comprise the HOA because they care and want to protect their property values. If you own property in a planned community, you may appreciate the rules that keep your neighborhood neat and quiet. However, the developer also has much at risk, and the covenants, conditions and restrictions are one way for developers to maintain some control over their significant investment. Unfortunately, both sides may face costly disputes when residents object to the rules or their enforcement.

Appealing a court order may be necessary in business litigation

Lawsuits between businesses can be complicated to handle. Often, there is a lot at stake in such cases, and company owners and operators want to keep the best interests of their businesses at the forefront. In some cases, efforts to protect a company may mean appealing a court order.

Florida readers may be interested in an appeal currently underway by General Motors. GM and Fiat Chrysler have been in litigation over claims that Fiat Chrysler paid off union leaders to reduce labor costs in relation to contract negotiations. The judge involved in the case believes that it would be a waste of time and resources to continue with the case and ordered the CEO of GM and the head of Fiat Chrysler to meet without legal representation to negotiate a settlement.

Construction litigation stems from lack of payment for project

Hiring companies to perform certain duties or to complete projects is common. Often, contracts are drawn up that detail the terms of the business relationship, and agreements are made. Of course, not everyone abides by those terms, and not everyone chooses to act in an upstanding manner. As a result, when a company is not paid as agreed, construction litigation can result.

Florida readers may be interested in a lawsuit recently filed in another state. According to reports, a construction company was hired to perform work on a county law center. The owner of the construction company filed the lawsuit claiming that the construction manager on the project and the board of supervisors withheld money paid by the county that was supposed to go to the construction company.

Elements to look for when creating good contracts

Like businesses across the country, most here in South Florida cannot operate without relationships with other companies and individuals. There is often memorialization of those relationships in contracts in order to outline the agreements between the parties.

As long as both parties fulfill their obligations under the contract, all is well. However, if one party fails to do so, the contract will govern any dispute resolution. For this reason alone, it will greatly benefit your business to make sure your contracts will adequately protect your interests if a dispute arises.

Contract disputes between Yum Brands, Grubhub lead to lawsuit

Business relationships can open doors for companies. Often, companies choose to work together because they can each benefit from the arrangement. However, these relationships do not always run smoothly, and contract disputes can arise if one or both parties involved believe that the terms were not honored.

Florida readers may be interested in a lawsuit recently filed by Yum Brands. Yum, which owns restaurants like Taco Bell, Pizza Hut and KFC, filed suit against delivery service Grubhub, claiming that Grubhub created a new pricing structure without notifying the company. As a result, Yum believes that Grubhub has breached the terms of their contract. Yum indicated that consumers who order its food products for delivery through Grubhub would see an increase in fees of almost 40% under the new pricing structure. Yum believes that an increase in the fees to consumers would harm the company's reputation for providing great value.

Google facing class action litigation over incognito mode privacy

Most people in Florida and across the country connect to the internet on a daily basis. Going online often means that bits of personal information and activity are collected by various sites. Even if users do not give explicit permission for the collection of data, it can still happen. Some individuals may have believed that using Google Chrome's incognito mode would prevent the tracking of activity, but that is not the case. Still, this apparent misunderstanding has resulted in class action litigation against Google.

The browser's incognito mode allows individuals to browse the internet without having the browsing history, form information, cookies and site data saved within the browser. However, using this mode does not completely eliminate data collection. Even in incognito mode, websites could still gather information, employers could still see activity on workplace computers and internet service providers could also review the activity.

Legal support during business litigation could be invaluable

Companies may be impersonal, but they are still made up of people. Regardless of the existence of contracts and agreements between the companies, the people involved may not abide by them through either a mistake or intention. A great deal of business litigation here in Miami and elsewhere ultimately centers on the breakdown of the relationships between the people who own or work in the companies involved.

In many cases, it would be advantageous to preserve the business relationships between the companies and perhaps the people involved as well for the sake of the future of the parties involved. This often means resolving disputes as swiftly and equitably as possible without attracting unwanted attention. For this reason, it never hurts to continue negotiating as long as possible before going into a courtroom.

Wrongfully stopping work could lead to construction litigation

Winning a bid for a renovation or a new build here in the Miami area can be exciting. The prospect of building or maintaining the company's reputation and working hard to make a profit could give owners a new reason to look forward to the workday. That is, until it comes time for a payment that does not come. Some contractors may be tempted to stop work until payment is made, but doing so wrongfully could end up leading to construction litigation.

In order to help ensure that does not happen, Miami contractors may want to include a provision in their construction contracts, addressing non-payment. Other than having the ability to file mechanic's or construction liens, companies may also want to have the option of stopping work when they do not receive scheduled payments. If such terms are not included in the contract, or even if they are, using this option could prove problematic.

Real estate licenses could be at risk after complaints

Many professionals need licenses before they can work in their chosen field. As a real estate agent, you had to obtain a license before you could start helping individuals buy or sell property. You may love your job, but you also know that, without your license, you would not be able to continue in this industry.

Because you want to continue in your chosen profession, you do not want to put your license at risk. Unfortunately, someone who believes that you did not act professionally could file a complaint and leave you facing administrative proceedings in front of the Florida Department of Business and Professional Regulation.

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