Commercial real estate ventures can take multiple forms. For example, the owner of a commercial property might seek to enter into a commercial lease with a tenant. For the property owner to make the most of its commercial space, the commercial lease is very important. Depending on the property and the needs of a tenant, leases might vary greatly from property to property. There are several different forms a commercial lease might take.
Fans of pancakes who live throughout the nation are likely familiar with the brand Aunt Jemima. The brand, which has been around for several generations, is the subject of a recent lawsuit. The lawsuit was filed by the heirs of the woman who was the first Aunt Jemima. Those individuals allege that they are entitled to damages and a share of the business’s future revenue. Decedents of other women who played the role of Aunt Jemima are also plaintiffs in this lawsuit. A total of $2 billion is sought.
Many people who have worked business are likely aware of the role that contracts play in such an endeavor being successful. With such extensive use it is virtually inevitable that at some point a party will be unable to keep up its end of the deal. In these situations a business or individual might find it necessary to pursue a remedy to a breach of contract.
There are several ways in which a contract breach might be resolved. Sometimes an informal effort to resolve the matter will work. Other times, alternative dispute resolution via mediation or arbitration is effective. An alleged breach of contract might also be addressed in court after a lawsuit is filed.
In the course of a construction project there are many things that can go wrong. Sometimes the issues that arise are minor and can easily be addressed. In other situations however, it is possible that it will be necessary to use the legal system to resolve them. One issue that could prompt this is construction defects.
Multiple things could constitute a construction defect. Some, such as cracks in the roof, wall, floor or foundation have to do specifically with the structure erected. Also included in this group are structural failures, dry rot, mold and water issues.
Contracts are an integral part of every business. As a result, a great deal of time and care is usually put into the negotiation and drafting of each agreement. Despite all of that effort, in some cases disputes involving a contract will arise. Such disputes can be expensive and time consuming to resolve.
Breach of contract claims can arise in numerous situations. Likewise there are multiple approaches that might be taken to resolve them. When possible alternative dispute resolution methods like arbitration, mediation or negotiation can be employed. These are appealing to many businesses because they are less expensive than going to court and usually are resolved quickly. In situations where those approaches are not effective, a contract dispute can be taken to trial.
Throughout the state of Florida many individuals and businesses own property. Whether the property is occupied by the owner as a residence or place of business, or it is simply an investment, it is possible that disputes regarding the real estate could arise.
When a dispute over real estate occurs there are multiple ways in which it may be resolved. Often, the first step is to try a form of alternative dispute resolution. Mediation and arbitration are two of those methods. Should an alternative approach not work, the case may be taken to trial.
The Carr Law Firm, P.A. litigated a case in federal court that involved allegations of breach of contract, trademark and copyright infringement, unfair competition, trade secrets and deceptive and unfair trade practices. On July 17, 2014, AVANTCARE, INC., ROGERS W. KIRVEN, JR., ACCESS HEALTH PARNTERS, LLC, FIFTY K GROUP, LLC, PURICORP HOLDINGS, LLC, DECLINOL LLC, PURIDONE LLC, and APIQUEL LLC, jointly dismissed with prejudice the federal lawsuit that was filed by Avantcare, Inc. last year, with each party to bear their own legal expenses and with no party admitting any wrongdoing or liability. Attorneys at the Carr Law Firm, P.A. represented the Defendants in the case.
It is not uncommon for homeowners to make improvements to their homes. While in some situations those individuals are able to complete those improvements on their own, more often they pay someone to do it for them. The assumption is that the business or individual they hire will complete that project in a manner that is not only correct, but of a certain quality as well. Unfortunately, this is not always the way that things work. When a construction project is not completed or poorly done, a homeowner may decide to take legal action.
Many businesses in the state of Florida have trade secrets which greatly contribute to their success. To help protect those secrets, it is not uncommon for workers exposed to the information to be asked to sign a non-compete agreement. Because every business is a little different, these agreements vary from business to business.
In addition to trade secrets, non-compete agreements may be used to protect:
- Extraordinary or specialized training.
- Customer, patient or client good will.
- Substantial relationships with specific prospective or existing customers, patients or clients.
- Valuable confidential information.
What they all have in common is that they restrict where employees can work when they leave. In Florida, statute 542.335 pertains to non-compete agreements.
Late last year we wrote a post on a breach of contract lawsuit filed by a Florida woman against the Black Entertainment Television network. The contract between the woman and the television network involved the woman’s maintenance of a Facebook page that promoted the television show, “The Game.” A federal judge in Florida recently ruled in the matter. He found in favor of the network.
After starting the page independently, BET sought to gain sole control of it. When the parties could not reach an agreement on that matter they struck a deal where the woman worked for the network, maintaining the page as a freelancer.