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Common Causes Of Contract Disputes

Orlando Contract Disputes

Contracts are key to smooth business operations, but unfortunately they are not foolproof. It is not at all uncommon for contract disputes to arise between Florida businesses and vendors, customers or other parties. One common point of contention is whether a contract is legally enforceable. Consider the following factors that might make it difficult to enforce a contract.

Contracts must be readily agreed to by both parties without any type of undue influence. This means that, if one party threatened or coerced the other into signing, enforcing it could be in question. Misrepresentation — such as concealing certain facts — is another reason why one party might insist that a contract is not valid and should not be enforced.

While coercion and misrepresentation are deliberate acts, a contract might also be considered void if both parties make a mistake. This mistake should relate to existing facts when the contract was made and must have some type of material effect on the agreed exchange. The details of such a mistake are key, as it is not uncommon for parties to try and get out of a contract by falsely claiming mistakes were made. This is usually the result of failing to carefully read the terms of a contract.

There are a number of other reasons why someone might argue that a contract is not enforceable, including illegal terms or unreasonable favor to the party with stronger bargaining power. These types of contract disputes can easily eat up time and money that are valuable to Florida business owners. As such, it is often advisable to speak with a knowledgeable attorney about one’s options for dealing with a contract dispute.

By : admin | September 24, 2020 | Contract Disputes

Seeking Beneficial Outcomes To Construction Disputes

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When a Florida business is involved in a construction dispute, the main objective should be to reach a beneficial resolution in a timely manner. Construction of a commercial building can be a lengthy and stressful process, and it does always go as planned. There are many reasons why construction disputes can happen, and it may be necessary to resort to litigation to resolve the problem.

Every party involved in a construction dispute will want to protect their financial interests above all else. A construction company or third party will likely be unwilling to admit fault for a problem with your project. It may be necessary to go through a lengthy investigative period in order to figure out exactly what happened, what issues are affecting the integrity of the project and which party is responsible for addressing it.

Types of disputes

Construction is a long process, and there are often several third parties and contractors involved in certain aspects of it. For example, your business may hire a specific construction company for your project, but they may work with a third-party electrician on certain projects. The problem can lie in various aspects of the process. Some of the most common types of construction disputes include: 

  • Disputes over the specifications or interpretation of the specifications
  • Disputes over the scope of the work expected
  • Disputes between contractor and subcontractor
  • Disputes regarding the scope of work performed by subcontracted parties
  • Disputes over subcontractor substitution
  • Disputes over construction defects and the quality of the finished product

In some cases, a civil claim may be the most appropriate way to address a problem related to a construction defect or work performed. It may be necessary to sue for breach of contract, liability, breach of warranty and more. The remedies available depend on the individual situation, but they may include damages, compensation for losses or simply fixing the problem. 

Protecting your business interests

Your priority should be to find a way to address the issues with your construction project in a way that will be beneficial long term. It may be necessary to litigate, but sometimes out-of-court methods are a sufficient way to resolve the dispute. Regardless of how you approach it, it is beneficial to work with an attorney at every step.

There is a lot on the line for your company, but you do not have to navigate it alone. A legal ally with experience in real estate disputes and construction law can help your company save time and preserve long-term financial interests.

By : admin | September 11, 2020 | Contract Disputes

Has A Mistake Occurred With Your Construction Contract?

Orlando Business Litigation Law Firm

Making a bid on a new construction project can be an important time for your company. After all, getting projects is how you and your company make money. If you do land the job, you will likely have to agree to certain contract terms, and you will want to set forth some yourself. Unfortunately, the chance exists that mistakes could exist in a contract.

Even if you feel like you have done a thorough job of reviewing the contract, an error could still rear its ugly head later. If this does happen, you could face the risk of losing out on payment or facing other costly issues, or the other party could claim that you breached the contract, which can also cause serious problems.

What kind of mistake could occur?

Though contract mistakes are best avoided, they do happen. In some cases, it means that companies have to go to court in order to have the matter resolved. If so, the type of mistake that has occurred could affect the case, and those types include the following:

  • Mutual mistake: You or the other party could claim that both parties involved made an error, thus rendering the contract invalid. For example, both parties may have signed the agreement believing in the soundness of the construction site, but your company may have later found issues with the site that affected your ability to move forward with the project.
  • Unilateral mistake: This type of mistake occurs when only one party is mistaken about an element of the contract or project. However, grounds may exist to void the contract if the other party knew of the mistake of fact and did not correct the mistaken party.

In some cases, a mistake in a contractual agreement has remedies that can quickly resolve the issue. On the other hand, the situation could become more complex, and it may prove necessary to argue for the voiding of the contract altogether.

What can you do?

If you find yourself involved in a contractual agreement for a construction project and a mutual or unilateral error has occurred, you would be wise to protect your interests. To do so, you may want to contact an experienced Florida attorney who could assess your situation to determine how the error may have occurred and who could hold responsibility. Your legal counsel could also help you determine your best course of action for correcting the problem.

By : admin | August 13, 2020 | Contract Disputes

Contract Disputes Arise Over Lack Of Celebrity Endorsement

Orlando Contract Disputes

Marketing is important for any business. As a result, if a Florida company has a product to sell, it will likely do what it can to ensure that it is marketing to a target audience. Because celebrities often have numerous followers on social media, it is a common marketing practice to pay celebrities to endorse products. Such an arrangement typically involves legal agreements, and if a party does not follow through, contract disputes could arise.

It was recently reported that FabFitFun, a subscription box service that provides beauty products, has filed a lawsuit against JFF Entertainment for breach of contract. Apparently, FabFitFun had come to an agreement with JFF Entertainment in order to have three actresses endorse its service. Ashley Benson, Cara Delevingne and Sarah Hyland were reportedly supposed to receive the product, do unboxings on social media and make subsequent social media posts using specific hashtags to show the products and the subscription service.

The issue arises from the fact that at least two of the actresses were unaware of the arrangement and, as a result, did not endorse the product. FabFitFun reportedly paid $80,000 upfront in order to cover half of the fees associated with obtaining the endorsements. The company alleges that JFF Entertainment breached the contracts involved, but a representative for JFF Entertainment said that the company was unaware of any lawsuit.

The terms of business agreements often act as guidelines for how the transaction should be carried out. When one side does not follow through, the breach could result in considerable losses for the other party. As a result, when contract disputes arise, it is important that Florida companies understand their legal options for mitigating damages and seeking compensation.

By : admin | August 11, 2020 | Contract Disputes

Do You Have Reason To File A Breach Of Contract Lawsuit?

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Almost any type of business transaction can benefit from having a contract in place. You may have signed many agreements over the course of your business, and in most cases, the relationships worked out as intended, and the contracts came to a close. However, you may have recently found yourself involved in a business relationship that is causing your company problems.

Unfortunately, despite signing a legally binding document, some parties may not abide by the terms of the agreement. When one or both parties do not follow those terms, a breach of contract has likely occurred. You may feel that the other company involved in your current business arrangement has breached the terms of your agreement, and you may be considering litigation for the first time.

Go over the contract

You certainly do not want to move forward with any frivolous lawsuit, and when you first noticed matters going awry with your current business deal, you may have attempted to contact the other party about the issues in hopes of resolving them. However, the others involved did not fix the problems. Despite other attempts at resolution, the issues have persisted, and now, you feel that litigation is your best option for protecting your company’s interests.

Lawsuits are unfortunately common in the business world, and you may have valid reasons to pursue one yourself. Still, to ensure that you do have such cause, you may want to go over the terms of the agreement:

  • Did the contract stipulate the duties and responsibilities of each party and detail any prohibited activities associated with the business relationship? If so, the other party may have breached the contract by participating in prohibited activities or by not performing agreed-upon duties appropriately.
  • Did the contract have terms relating to payment? If so, the other party may have violated the agreement if the entity did not provide payment on time or correct payment as stipulated in the contract.
  • Did the contract have confidentiality terms? If so, you may have cause to file suit against the other party if the person or company did not keep proprietary information confidential.
  • Did the contract include dates stating when certain milestones relating to the arrangement should be met or when the overall project should come to completion? If so, the other party may have violated the terms if the entity did not complete certain tasks by the agreed-upon dates.

These are important terms to have in most business contracts, and you may have included other details specific to the arrangement in which your company was involved.

Consider your options

As mentioned, you may have tried to contact the other party to discuss the issues to no avail. You may be considering your next steps, and if litigation is on your mind, you may want to contact an experienced Florida business law attorney who can assess your predicament and explain your available options.

By : admin | July 30, 2020 | Contract Disputes

What You May Not Know About Your HOA

Fort Lauderdale Business Disputes

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.

When can I sue?

Your home is likely one of your biggest investments, and if you live in a planned community, you may have spent a substantial amount of money on that home. If you knew from the start that your community had a governing HOA, you probably had the chance to review the CC&Rs before signing any paperwork. By signing, you agreed to paying your dues on time and complying with rules regarding the interior and exterior appearance and use of your property. You may not have understood the following:

  • The rules in the CC&R are legally binding.
  • You may have sacrificed some of the rights and preferences that typically accompany homeownership.
  • Your HOA may reserve the right to fine you without warning if you fail to comply with the rules.
  • You may notice that your HOA officers do not apply those rules consistently among your neighbors.
  • Failing to pay your dues, fines or other HOA obligations on time may result in the HOA foreclosing on your home even if the delinquent amount is relatively small.
  • Some developers may cut corners to save money on common amenities and infrastructure, which may leave you and other residents footing the bill for major repairs.

These and other issues are not uncommon among planned communities with HOAs. If you spent a considerable amount of money on a home in a neighborhood that promised tranquility and privacy, you may be looking for answers about how to hold your HOA accountable for the costly issues you are facing. An attorney with a history of success in all aspects of real estate litigation may prove a valuable advocate.

By : admin | July 2, 2020 | Contract Disputes

Elements To Look For When Creating Good Contracts

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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.

Crucial elements of all your contracts

What basic items need to be in all of your contracts? The list below provides an outline of what a good contract will include:

  • Offer
  • Acceptance
  • Consideration
  • Meeting of the minds
  • Capacity
  • Legality
  • Written documentation

Under each of these categories, you will put the specifics of your particular situation. For instance, you will extend an offer to another party to provide goods or services specific to your business and industry. Then the other party will accept your offer, and the two of you agree on the consideration, or payment, for what you will provide. For many people, these three elements provide the core of the contract. However, the other items provide important information regarding your business relationship.

The need to document your agreements in writing cannot be stressed enough. Verbal contracts are extremely difficult to uphold in court. Even if you are friendly with the other party, it should not deter you from documenting any business agreement you enter into in order to protect yourself. Transactions do not always go as planned, and you will want to make sure that you have protections in place in case you need to enforce your agreement.

Enlist some legal assistance

A primary function of any contract is to provide a reference point in case something goes wrong. The framework of the contract may be all you have if you need to resolve a dispute with the other party. The more detailed it is, the more information a court will have to review the situation and make a ruling that protects your best interests.

Creating the best contracts possible often presents a challenge. Fortunately, you do not have to undertake this endeavor alone. You could consult and work with an attorney knowledgeable and experienced in creating and litigating contracts to help you create agreements that protect your and your company’s interests.

By : admin | June 18, 2020 | Contract Disputes

Contract Disputes Between Yum Brands, Grubhub Lead To Lawsuit

Orlando Contract Disputes

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.

A spokesperson for Grubhub indicated that that the company denied the allegations made by Yum. Grubhub also has complaints of its own against Yum, indicating that the company violated an exclusivity agreement in their contract by working with other delivery services. However, Yum contests those claims by stating that working with other services was allowed as long as Grubhub had exclusive advertising rights to KFC and Taco Bell.

When contracts exist, the possibility of contract disputes also exist. Though the terms of these agreements can often help limit the possibility of conflict, they do not completely wipe out the chance of issues arising, as this case shows. If Florida companies are dealing with breach of contract issues, they may find it useful to understand their available options for protecting their company’s reputation, interests and overall well-being.

By : admin | June 16, 2020 | Contract Disputes

Contract Disputes Can Stem From Unhappy Employees

Orlando Contract Disputes

Starting a company is often exciting. It can also be exciting for that company to grow to a point at which a merger with another company is possible. However, mergers often involve various contracts and sacrifices, and if a person is not happy with his or her situation, contract disputes could arise.

Florida readers may be interested in a lawsuit underway in another state involving a breach of contract claim. According to reports, the founder of a company that merged with another company is suing because he believes his contract was violated. Apparently, the man agreed to a three-year employment term with the new company as a chief business officer. If the company wanted to end the man’s employment, which was allowed under the terms of the contract, he was to receive at least 30 days’ notice before the end of the contract.

The company did elect to end the man’s employment and gave him 30 days’ notice. However, the notice did not come before the end of the man’s initial employment contract. Though the company stated that it would pay the man a prorated salary for his remaining 30 days, he believes he is entitled to a full year’s salary because the company did not abide by the terms of the employment contract.

Contract disputes can often lead to lengthy and complicated conflict. As this case shows, if a disgruntled employee believes that he or she did not receive fair treatment under the terms of a contract, a lawsuit could result. If Florida businesses are handling this type of ordeal, they may want to ensure that they understand their available legal options.

By : admin | April 29, 2020 | Contract Disputes