State litigation in Florida encompasses a wide range of legal disputes resolved within the state court system. These disputes include civil and criminal cases governed by state laws and regulations, illustrating the diversity of legal matters addressed within the state.

What’s Involved In a Civil Case?

Civil cases may involve contractual disputes between businesses operating within Florida. This comprehensive scope of state litigation underscores the significance of understanding the intricacies of the legal process within Florida’s state court system.

In comparison to federal litigation, state litigation primarily focuses on matters specific to the state of Florida. For example, a civil case related to a real estate transaction dispute in Florida would fall under state litigation, whereas a similar case involving federal property laws or interstate commerce would likely be categorized as federal litigation. 

This distinction underscores the importance of understanding the scope and jurisdictional differences between state and federal litigation in Florida. Such differentiation ensures that legal matters are adjudicated in the appropriate jurisdiction, aligning with the specific laws and regulations governing the state.

What Do State Courts Do?

The role of state courts in resolving legal disputes is pivotal for upholding state laws and ensuring justice within Florida. State courts serve as the cornerstone of the legal system, providing a forum for individuals and entities to seek redress for grievances and ensuring that state-specific legal matters are adjudicated in accordance with Florida’s laws and regulations.

The significance of state courts in resolving legal disputes highlights the essential role they play in safeguarding the rights and interests of individuals and businesses operating within the state. This emphasis on the role of state courts underscores their critical function in maintaining the integrity and fairness of the legal process in Florida.

Florida State Court System Hierarchy

The state court system in Florida is a multifaceted entity that encompasses a hierarchy of courts, each playing a distinct role in the judicial process. For instance, the Supreme Court of Florida serves as the highest appellate court in the state, with its decisions significantly impacting the interpretation and application of state laws and legal precedents.

The district courts of appeal, on the other hand, handle the final appellate review of litigated cases, offering an avenue for parties dissatisfied with lower court rulings to seek recourse and appeal their cases. These specific roles and functions of different courts within the state system highlight the significance of understanding the nuances of each court’s jurisdiction and how they interrelate in the broader legal landscape of Florida.

Self Representation In State Litigation

Individuals opting to represent themselves in state litigation are faced with the responsibility of comprehending and complying with the intricate rules and procedures of the courtroom. This undertaking can be daunting and may necessitate seeking legal guidance and assistance to navigate the complexities of the legal process effectively. 

The availability of legal help for reduced fees or free services in Florida is a crucial resource for individuals who may not have the financial means to engage legal representation, ensuring fair access to justice and upholding the principle of equality before the law. This emphasis on the availability of legal assistance highlights the commitment to ensuring equitable access to justice within Florida’s state court system.

What Does a State Litigation Attorney Do?

The role of a state litigation attorney in Florida cannot be overstated. These legal professionals bring specialized knowledge, expertise, and strategic acumen to the table, offering clients proficient guidance through the legal labyrinth and advocating for their interests within the state court system.

Whether it’s comprehending the intricacies of filing a lawsuit, understanding the stages of the criminal justice system, or navigating the complexities of civil state litigation, the legal counsel provided by state litigation attorneys is indispensable in ensuring fair and just resolution of legal disputes within the Florida state court system. In cases involving complex commercial litigation, state litigation attorneys can provide invaluable expertise in contract negotiations, resolving disputes, and offering business law advice, thereby contributing to effective representation and the successful resolution of legal matters.

The Importance of Testimonials 

Clients’ reviews often highlight the expertise, professionalism, and effective representation provided by state litigation attorneys, emphasizing their pivotal role in the litigation process. The positive feedback underscores the impact of state litigation attorneys in delivering favorable outcomes for their clients and contributing to the fair and efficient resolution of legal disputes within the Florida state court system.

This acknowledgment of the value of state litigation attorneys serves as a testament to their proficiency in navigating the legal landscape and advocating for the best interests of their clients, further underscoring their importance in the state litigation process.

Need representation for your state litigation case? Request your consultation now. We look forward to speaking with you!

A construction litigation lawyer in Florida may assist a construction company in resolving a dispute with a subcontractor over payment for work performed, ensuring that all parties adhere to the terms of the contract and Florida construction laws. It’s also important to involve a construction lawyer early on in the process to minimize risks and ensure preparedness, which can ultimately save time and resources in the long run.

What to Look for When Choosing an Attorney

When it comes to choosing the right construction litigation lawyer in Florida, it’s crucial to consider several key factors that can significantly impact the outcome of construction-related legal matters. Understanding the role of a construction litigation lawyer is essential, as these legal professionals provide vital advice to various participants in the construction industry, including drafting and negotiating contracts, and handling disputes about project costs, quality of work, and responsibility for injuries or damages.

• When evaluating qualities to look for in a construction litigation lawyer, it’s essential to prioritize hiring a board certified construction lawyer with expertise in handling construction disputes. For instance, a board certified construction lawyer may have demonstrated a high level of competence and experience in construction law through rigorous testing and peer evaluation, making them well-equipped to handle complex construction litigation cases.
• Choosing a local lawyer who understands the legal landscape in the community and has a successful track record in construction litigation cases can be highly beneficial. This local expertise can be particularly advantageous when navigating the intricacies of Florida construction laws and regulations, as well as establishing strong working relationships with local courts and industry professionals.
• You should also consider the qualifications and certifications needed in a construction litigation lawyer in Florida, ensuring that the lawyer possesses the necessary credentials to handle their specific legal needs effectively.

Handling construction disputes in Florida can be a complex and challenging process, often involving significant complications and delays. Construction attorneys play a crucial role in mitigating these challenges and saving clients time and money when engaged early in the project.

A construction litigation lawyer may assist a property owner in resolving a dispute with a general contractor over defective workmanship, ensuring that the project progresses smoothly and without unnecessary delays. By addressing common issues such as payment discrepancies and workmanship concerns, construction lawyers can provide valuable guidance and legal representation throughout the construction process, ultimately contributing to the successful resolution of disputes and the overall success of the project.

The Importance of Florida Construction Law

Understanding Florida construction laws is paramount for the effectiveness of a construction litigation lawyer. Clients should consider certifications and experience when choosing a construction attorney who understands their needs and possesses expertise in the domain from the outset of the project.

5 Musts for Choosing a Construction Litigation Lawyer In Florida

1. A construction litigation lawyer with in-depth knowledge of Florida construction laws may be better equipped to navigate complex legal issues, such as filing liens or bond claims for non-payment, ensuring that their clients’ rights are protected throughout the construction process. By leveraging their understanding of Florida construction laws, construction lawyers can provide strategic legal counsel and representation tailored to the unique needs of their clients, ultimately contributing to more favorable outcomes in construction-related legal matters.
2. Evaluating a lawyer’s successful track record in handling construction litigation cases in Florida is essential. Clients should thoroughly assess a lawyer’s past achievements and case outcomes to gauge their ability to effectively represent their interests in construction disputes.
3. A lawyer with a proven track record of success in handling construction litigation cases may offer valuable insights and expertise, increasing the likelihood of achieving favorable outcomes in legal disputes related to construction projects. By examining a lawyer’s successful track record, clients can make informed decisions when selecting legal representation for their construction-related legal matters, ensuring that they are well-equipped to address any challenges that may arise throughout the construction process.
4. Assessing the availability and responsiveness of construction litigation lawyers in Florida is crucial, as it can significantly impact the overall effectiveness of legal representation. Engaging a construction attorney as soon as possible, ideally from day one of the project, can significantly benefit the client by addressing legal matters promptly and effectively.
5. A responsive construction litigation lawyer may be able to swiftly intervene in a dispute between a developer and a neighboring property owner, preventing the escalation of the conflict and minimizing potential legal liabilities. By prioritizing availability and responsiveness, clients can establish strong communication channels with their legal representatives, ensuring that their concerns are promptly addressed and their interests are diligently advocated for throughout the construction process.

Understanding Rates and Billing Options

Clients should be aware of the rates and billing methods of construction litigation lawyers in Florida and understand the expected cost and fee structure when hiring a construction litigation lawyer. By gaining clarity on the cost and fee structure, clients can make informed decisions regarding their legal budget and financial commitments, ensuring transparency and predictability in their legal expenses.

Additionally, understanding the cost and fee structure can help clients align their expectations with the scope of legal services provided by their chosen construction litigation lawyer, ultimately fostering a constructive and transparent attorney-client relationship.

By leveraging reputable resources and considering relevant qualifications, you can make an informed decision when selecting a construction litigation lawyer, ultimately increasing the likelihood of securing effective legal representation for their construction-related legal needs.

If you need legal representation now, contact us today for a free consultation. We’ll let you know within a few business days if we can accept your case.

In today’s digital age, intellectual property (IP) has become one of the most valuable assets for businesses and individuals alike. From inventions and brand names to artistic creations and trade secrets, IP encompasses a wide range of intangible assets that hold significant value.

However, with the increasing value and importance of IP, disputes related to its ownership, infringement, and use have become more common. This article delves into the world of intellectual property disputes, their types, and their implications.

The Different Types of Intellectual Property

Patents

Patents protect inventions, allowing inventors exclusive rights to their creations for a specified period, typically 20 years. This means that during this period, no one else can make, sell, or use the invention without the inventor’s permission.

Trademarks

Trademarks protect symbols, names, and slogans used to identify goods or services. They help consumers distinguish between products from different companies.

Copyrights

Copyrights protect original works of authorship, including literature, music, and art. They give creators the exclusive right to reproduce, distribute, perform, and display their work.

Trade Secrets

Trade secrets encompass formulas, practices, processes, designs, instruments, or any information that provides a business advantage over competitors who do not know or use it.

Common Intellectual Property Disputes

Infringement

Infringement occurs when someone uses another’s intellectual property without permission. This can range from copying a patented invention, using a trademarked logo, or reproducing copyrighted material.

Ownership Disputes

These disputes arise when multiple parties claim ownership of a particular intellectual property. This is common in businesses where employees might claim rights to an invention or creation made during their employment.

Licensing Disputes

Licensing disputes occur when there’s a disagreement over the terms of licensing agreements, such as royalty payments or the scope of the license.

Trade Secret Misappropriation

This involves the unauthorized use of trade secrets by individuals who acquired the secret through improper means.

The Implications of Intellectual Property Disputes

Financial Implications

Intellectual property often holds significant monetary value. Disputes can lead to substantial financial losses, especially if a business loses the exclusive right to its IP.

Reputational Damage

IP disputes, especially those that become public, can harm the reputation of the involved parties, leading to a loss of trust among consumers and stakeholders.

Operational Challenges

For businesses, IP disputes can disrupt operations, especially if they’re barred from using a crucial piece of IP.

Legal Consequences

Infringing on someone’s IP can lead to legal penalties, including fines and, in severe cases, imprisonment.

The Bottom Line

Intellectual property disputes are complex and can have far-reaching implications for both individuals and businesses. Understanding the different types of IP and the nature of common disputes can help in navigating these challenges. Whether you’re an inventor, artist, business owner, or consumer, being informed about IP rights and disputes is crucial in today’s interconnected world.

Frequently Asked Questions About IP Disputes

• What is the difference between a trademark and a copyright?
  • A trademark protects symbols, names, and slogans used to identify goods or services, while a copyright protects original works of authorship, such as literature, music, and art.
• Can I use someone else’s intellectual property if I give them credit?
  • No, giving credit does not grant permission to use someone’s IP. You must obtain explicit permission or a license from the IP owner.
• How can I protect my intellectual property?
  • Depending on the type of IP, you can apply for patents, trademarks, or copyrights. Additionally, keeping trade secrets confidential and using non-disclosure agreements can help protect your IP.

Business litigation refers to the legal disputes that come between businesses between people that are related to business matters. These conflicts can include things like breach of contract, and intellectual property disputes, and they can have significant financial implications. Here’s what to expect during the business litigation process in Florida.

The Pre-Litigation Phase

Before filing a lawsuit, you should try to resolve the dispute through negotiation or alternative dispute resolution methods. This pre-litigation phase often involves sending demand letters, engaging in settlement discussions, and exploring mediation or arbitration options.

Selecting The Correct Court

Once it becomes clear you can’t resolve the dispute, the next step is to determine the appropriate court to file a lawsuit. Depending on the nature and value of the dispute, it may be filed in small claims court, state court, or federal court.

The Discovery Stage

Once the lawsuit is filed, you’ll enter the discovery stage. This stage is when both sides collect evidence and exchange information related to the dispute. Discovery can include written requests for documents, depositions, interrogatories, and requests for admissions. The discovery stage allows each party to gain a better understanding of the opposing party’s case and evidence.

Litigation    

During the trial, both sides present their evidence and arguments to the judge or jury. The judge or jury then makes a decision, either in the form of a verdict or judgment. Litigation can be a complex and lengthy process, requiring the expertise of a business litigation attorney with courtroom experience.

Post-Trial Proceedings

After a verdict or judgment is reached, there are still additional steps that may need to be taken. If the decision is in your favor, you may need to enforce the judgment to collect any damages awarded. If the decision is not in your favor, you may have the option to file an appeal to a higher court.

Get Help From An Experienced Florida Business Litigation Lawyer Now 

The business litigation process in Florida involves several stages, each requiring careful navigation and expertise to protect your interests and successfully resolve the dispute. A skilled attorney can guide you through each step of the process, ensuring that you have the best possible chance of achieving a favorable outcome. 

Contact Feinstein Real Estate Litigation & Business Law if you have questions or to schedule your initial consultation to discuss your case. Call now at 954-767-9662.

Business law encompasses a wide range of legal principles and regulations that govern various aspects of operating a business. Understanding and adhering to these laws is essential for entrepreneurs and organizations to ensure compliance, protect their rights, and mitigate potential risks. In this article, we will delve into key areas of business law, including business formations and organizations, employee handbooks, employment law, litigation, operating agreements, partnership agreements, real estate transactions, sales and acquisitions, shareholder agreements, and state and federal regulations and licensing.

Business Formations and Organizations

Choosing the right business structure is crucial for entrepreneurs. Common options include sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. Each structure has its own advantages and disadvantages in terms of liability, taxation, and management. Understanding the legal implications of each option is vital to ensure compliance with relevant regulations and to protect personal assets.

Employee Handbooks

An employee handbook is a vital tool that sets forth the rights and responsibilities of both employers and employees within an organization. It outlines policies and procedures regarding employment terms, code of conduct, benefits, disciplinary measures, and dispute resolution mechanisms. Employee handbooks help maintain consistency, prevent misunderstandings, and reduce legal risks. It is essential for businesses to ensure that their handbooks comply with relevant employment laws and are regularly updated to reflect changes in regulations.

Employment Law, Contracts, and Disputes

Employment law governs the relationship between employers and employees. It covers a wide range of areas, including employment contracts, discrimination, harassment, wages and hours, leave policies, and termination. Employers must be aware of their obligations under state and federal employment laws to avoid legal disputes. Clear and comprehensive employment contracts help protect the rights of both parties and minimize the likelihood of disputes arising.

Litigation

Litigation refers to the process of resolving disputes through the court system. In business, litigation can arise from various issues, such as contract breaches, intellectual property disputes, employment matters, and tort claims. Engaging in litigation can be time-consuming and expensive, so it is crucial for businesses to explore alternative dispute resolution methods, such as mediation or arbitration, whenever possible. Understanding the legal process and seeking expert legal advice can help organizations navigate litigation successfully.

Operating Agreements

Operating agreements are essential for LLCs and partnerships. These agreements establish the rights and responsibilities of the members or partners, outline the decision-making processes, and define profit-sharing mechanisms. Well-drafted operating agreements help prevent disputes and provide a clear framework for business operations. It is important to consult with legal professionals to create customized operating agreements that align with the specific needs and goals of the organization.

Partnership Agreements

Partnership agreements are contractual arrangements that establish the rights and obligations of partners in a business venture. These agreements address profit distribution, decision-making authority, dispute-resolution mechanisms, and the procedures for admitting or removing partners. Comprehensive partnership agreements can help prevent conflicts and provide a solid foundation for a successful partnership.

Real Estate Sales, Purchases, and Leases

Real estate transactions play a significant role in many businesses. Whether purchasing, selling, or leasing property, it is essential to understand the legal aspects involved. Real estate contracts, due diligence, zoning regulations, financing, and environmental considerations are just a few of the factors to consider. Engaging legal professionals experienced in real estate law can ensure that transactions are legally sound and protect the interests of the parties involved.

Sales and Acquisitions

Sales and acquisitions involve complex legal considerations. Negotiating and drafting purchase agreements, conducting due diligence, addressing regulatory compliance, and assessing intellectual property rights are crucial steps in these processes. Proper legal guidance throughout the transaction can help mitigate risks and ensure a smooth transfer of ownership.

Shareholder Agreements

Shareholder agreements govern the relationship between shareholders in a corporation. These agreements establish rights and obligations, share ownership and transfer rules, and mechanisms for dispute resolution. By clearly outlining the expectations and responsibilities of shareholders, these agreements help promote transparency, prevent conflicts, and protect the interests of all parties involved.

State and Federal Regulations

Businesses must navigate a vast array of state and federal regulations that impact their operations. These regulations cover areas such as taxation, labor and employment, consumer protection, environmental compliance, and intellectual property. Failure to comply with these regulations can result in fines, penalties, and reputational damage. Staying informed about regulatory changes and seeking legal counsel can help businesses maintain compliance and avoid legal issues.

State and Federal Licensing

Many industries require specific licenses and permit to operate legally. These licenses vary based on the type of business and the industry it operates in. State and federal licensing requirements may include professional licenses, permits for specific activities, or compliance with health and safety regulations. Understanding and obtaining the necessary licenses is crucial to avoid legal repercussions and maintaining the integrity of the business.

Conclusion

Business law encompasses a broad range of legal principles and regulations that impact organizations. From business formations to state and federal regulations, understanding these legal aspects is vital for entrepreneurs and business owners. By seeking legal counsel, staying informed about changes in laws and regulations, and implementing best practices, organizations can ensure compliance, mitigate risks, and operate successfully in a complex legal environment.

Having a business partner can be fun; from sharing new ideas to insights, it is sometimes quick to execute specific business assignments with a business partner. However, things may go sour when either of the parties starts to embrace negligence. Most business partners often ask: Can I Sue My Business Partner for Negligence?

The short answer to this question is YES. You might sue a business partner if your partnership agreement stipulated that your partner should work and not neglect duties.

Grounds for Suing a Business Partner for Negligence

A business partner is one or more people coming together to run a business. As a business partner, each person plays a role in decision-making. While some find it comfortable working and partnering with others, sharing the power of decision-making may not be their thing.

Sometimes, a business owner may force others to agree, even without their consent. General and limited are the two types of partnerships. The former states that business owners hold equal powers and are privy to business profits. They also have the same decision-making powers, including those affecting business management. On the other hand, they will also be responsible if businesses are out of cash.

A limited partnership means that partners can fully supervise and control the company. They hold the power other partners don’t have. They don’t enter into binding contracts but are exempted from the debts and obligations of the business.

What Should I Do in The Case of Negligence by A Business Partner?

Solving business partners’ issues does not require taking legal action at times. However, sometimes you may have to settle only for business litigation. You may sue your business partner for the negligence of duty.

Suing for Negligence

Suing your business partner for negligence is not only the issue to focus on, but you must be ready to prove things to make it a valid claim. If you are suing your business partner for negligence, you must be prepared to show that:

●  Your business partner didn’t act as a reasonable business partner would have done under a similar condition

●  Your partner’s actions have brought some setbacks or damages to the business

If a business owner can prove these points genuine, he has everything needed to get started with a legitimate negligence claim.

A business partner owes the partnership a duty of care to make decisions in good faith. If they fail to do this, then there may be a basis for a negligence claim.

Conclusion

You can sue your business partner for negligence, provided that it is stated in your agreement that your partner will not neglect any designated duties. However, an agreement should always spell out a partner’s duty clearly.

The Trump Organization has filed a lawsuit in the Florida State Circuit Court against New York Attorney General Letitia James, alleging that James’ investigation into the Trump Organization is politically motivated and designed to financially and personally ruin the former President. 

The lawsuit suggests that when James was elected in 2018, she came into her position with the desire to publicly malign and financially destroy the then-President and alleges that her actions are the result of a racist witch hunt. Specifically, the suit says James has willfully conducted a “relentless, pernicious, public and unapologetic crusade” against the former President and the Trump Organization.  

The 41-page action names the Donald J. Trump Revocable Trust, suggesting that because James sought information about the trust during her investigation, it requires protection from James due to its containment of Donald Trump’s last will, estate plan, and other instructions on how his assets are to be distributed following his death. 

The suit states, “These are private matters to President Trump, and under Florida law, the revelation of a settlor’s revocable trust while the settlor is still alive threatens the settlor’s right to privacy guaranteed by Article I, Section 23 of the Florida Constitution and the common law.” 

In response, a spokesperson for the Office of the New York Attorney General stated that “no number of lawsuits [against them] will deter” the $250 million civil suit filed by James against the Trump Organization in New York. 

“We sued Donald Trump because he committed extensive financial fraud. That fact hasn’t changed, and neither will our resolve to ensure that no matter how powerful or political one might be, no one is above the law,” the spokesperson noted. 

Are You Involved In a Florida Real Estate or Business Dispute? 

If you are involved in a real estate or business dispute, it is important to seek legal assistance as soon as possible, whether or not the issue on the table is worth $250 million or $250,000. An experienced Fort Lauderdale business lawyer can help you protect your rights and interests, and resolve the dispute in a timely and efficient manner. 

At Feinstein Real Estate Litigation & Business Law P.C., we have extensive experience handling a wide range of business and real estate disputes, including breach of contract, construction litigation, landlord-tenant disputes, and more. We understand the importance of resolving disputes as soon as possible and will work tirelessly to help you reach a favourable outcome. Contact us today to schedule a consultation by dialling 954-767-9662.

With legislation rapidly changing across the country, businesses are becoming increasingly concerned about how their companies will be impacted by new restrictions and regulations – and rightly so. 

In July 2022, Florida businesses filed a lawsuit against the state after governor Ron DeSantis passed the Stop WOKE Act, alleging it infringes on a company’s right to free speech. Here’s what to know and how to get help from a business litigation firm in Florida if your company has been negatively impacted by a new state law. 

What Is the Stop WOKE Act? 

The Stop WOKE Act (Stop Wrongs to Our Kids and Employees Act) is new legislation that prevents employers with 15 or more employees from mandating that their employees attend discussions in the workplace about critical race theory, Black history, and LGBTQIA+ issues. While employers are still free to host speeches, training sessions, and other educational activities on these topics in the workplace, they may not require employees to attend as a condition of employment. 

How Does This Legislation Hurt Businesses? 

Racism and sexism has been a long-standing issue in the workplace that should continue to be addressed. The injunction filed by attorneys representing Florida businesses suggest that the new legislation infringes upon their right to free speech and causes harm to the operation of their companies. 

Employers can no longer require employees to attend diversity and inclusion training, which businesses claim interferes with their ability to adequately prepare employees for the workplace.  

What Recourse Do Companies Have Against State Laws That Harm Their Businesses?

Companies that are unjustly affected by legislation can bring a lawsuit against the state if the legislation infringes on one of their constitutional or state rights. States may be ordered to compensate businesses for losses incurred under the unfair legislation. 

Contact Feinstein Real Estate Litigation & Business Law Now 

If your business has lost or will lose money as a result of state legislation, you may have legal recourse available to you if you suffered damages caused by laws that violate your constitutional rights to free speech, freedom of assembly, free press, and other rights afforded to businesses. 

Call Feinstein Real Estate Litigation & Business Law for more information or to get the legal help you need. Dial 954-767-9662 to make an appointment with our Fort Lauderdale business law and real estate litigation attorneys now.

What Types of Damages Are Available in Breach of Construction Contract Cases? 

When you hire a construction company to begin building your dream home, everything seems exciting and hopeful. However, a breach of contract from the construction contractor you hired can quickly put a damper on your dreams of custom homeownership. Here’s a look at what types of damages are available in breach of construction contract cases and what you can do to obtain the compensation you deserve after a construction company or contractor leaves you high and dry. 

Two Primary Types of Breach of Construction Contract Damages 

An owner that brings a claim against a construction contractor or company can choose to be reimbursed in one of two ways: 

1. The contract is considered void and the owner must be fully restored to their status prior to the beginning of the contract. This means the construction company must pay back some or all of the funds paid to them at the start of and/or during the project, less the quantum meruit value of work done to date. 
2. The contract must be affirmed and the owner must be compensated for the benefit they would have received if the contract had been completed as promised. This benefit can be compensated in a variety of ways, such as compensating the owner for cost to have the construction completed by another contractor. 

Cano, Inc. v. Judet, 2021

In the case of the Fourth District Court of Appeal in Cano, Inc. v. Judet, 2021 WL 4301625 (Fla. 4th DCA 2021), the appeals court ruled that the owner had the right to choose to be financially restored to their position immediately prior to signing the construction contract. Despite the defendant’s staunch opposition, the judge ruled that they are required to remit all payments made for the construction back to the owner after subtracting the quantum meruit value of the work the contractor did. 

Get Help From a South Florida Construction Dispute Attorney Today 

If you are a homeowner whose construction contractor has failed to meet their contractual obligations, you may have legal recourse. It’s critical to reach out to an experienced construction litigation law firm for assistance; inexperienced legal help may be no help at all. Call Feinstein Real Estate Litigation & Business Law for your consultation or to get answers to your questions about construction litigation by dialing 954-767-9662.

Arbitration rules that force parties to resolve disagreements through mediation rather than litigation, are commonplace in a variety of agreements, particularly commercial contracts. 

But what happens when one company decides to sue another, regardless of the fact that their agreement has an arbitration clause? The defendant’s response to the suit typically determines whether or not the case will be successful. Here’s what you should know. 

Arbitration Clauses May Be Used as a Defense  

Consider a case where two organizations committed to arbitrate any contract-related problems by putting an arbitration provision in their contract. Despite entering into the contract, one company later feels aggrieved and initiates litigation. 

In rebuttal to the lawsuit, the defendant’s counsel would most likely mention the arbitration clause as a defense to the proceedings, or they may inform the court of the arbitration agreement’s presence and urge the judge to dismiss the case.

But what happens if the defendant’s lawyer fails to mention the promise to arbitrate in their response to the dispute? Has the defendant’s liberty to arbitrate been forfeited as a result? 

It’s possible. While just responding to a lawsuit does not always imply a surrender of the desire to arbitrate, it can help to create the impression of litigation involvement, which courts have held to be sufficient to relinquish arbitral rights.

How Case Law Has Impacted Business Disputes Involving Arbitration Clauses 

The Sixth Circuit Court of Appeals has devised a two-part test for determining whether an individual’s or company’s actions amount to a renunciation of a contractual obligation to arbitrate disagreements. This test was created with the awareness that “waiver of the right to arbitration is not to be lightly inferred” due to the obvious substantial presumption in support of arbitration. Glazer v. Lehman Bros., Inc., 394 F.3d 444, 450 (6th Cir. 2005).

When to Bring a Business Litigation Lawyer On Board 

Arbitration provisions can be included in a variety of contracts. If you are involved in a contract dispute, especially if your agreement has an arbitration clause, it’s important to seek out the counsel of an experienced Florida business litigation lawyer. 

At Feinstein Real Estate Litigation & Business Law, we have the skills and expertise to provide you with comprehensive legal representation. Call today to book your consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami). Our team is available now to help.