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Orlando Business & Commercial Law Blog

Defining lease terms crucial to resolving disputes

We often emphasize the importance of having a clear, comprehensive commercial lease in place, whether you are a landlord or tenant in Florida. However, even when you believe you have such an agreement in place, issues can and do arise.

For instance, recently, a dispute arose between a Whole Foods store in another state and the grocer's landlord. The argument centers on what each parties considers "beyond the control" of the landlord and the tenant.

Peter F. Carr Listed Among Florida's 'Super Lawyers' In 2017

We are pleased to announce that Peter F. Carr Jr., one of our firm's founding attorneys, has been listed among Florida's 2017 'Super Lawyers' in Business Litigation. This is an incredible honor, underscoring that Peter's peers have recognized his achievements in the legal field.

Indeed, this is the sixth consecutive year he has been included on the state's Super Lawyers roster.

3 remedies for a breach of contract

Contractual agreements are the backbone of construction projects across Orlando. Without them, contractors, property owners, suppliers and designers are at risk of winding up locked in battle after battle.

However, disputes can arise even when there is a contract in place if one party breaches the contract. When a breach is material and jeopardizes the fulfillment of a contract, then claims seeking one of a few legal remedies we examine below may be necessary. 

Dog days of summer: Risk of dog bites increases during the summer

Property and pet owners have a duty to protect lawful visitors and residents and prevent accidents. Unfortunately, this doesn’t always happen and a person winds up seriously injured due to hazards like slippery floors, inadequate security and dangerous animals.

When and if an accident occurs, it is crucial that victims and their families understand their right to pursue compensation for damages from a liable property or pet owner. This is especially important to remember as we head into the summer, as reports indicate that dog bites increase during the summer months.

Traumatic injuries often mean slow recoveries

Chances are, you have already heard people telling you that a time will come when you will adjust to your new circumstances. However, at the present moment, the permanent injury you suffered in the accident seems almost too much to bear.

Whether you are dealing with the amputation of a limb, a disfiguring scar, damage from a burn or other traumatic injury, you are likely facing a long, uncertain recuperation. While the physical pain may lessen each day, your recovery depends greatly on your mental and emotional well-being.

Oak tree at the root of construction dispute

Nearly every construction project comes up against delays, complications and confusion that cause some headaches for everyone involved. This isn't limited to the contractors and commercial landowners, either. Neighbors living near a construction zone can be affected as well.

For instance, recently a dispute arose when construction to build a fire station in another state resulted in an upsetting -- and expensive -- problem for the owner of land adjacent to the fire station. 

Are all contract breaches created equal?

When you sign a contract, you are legally obligated to comply with the terms of that document. Should you or the other party fail to perform certain tasks, withhold payments or otherwise violate the terms of a contract, it is referred to as a breach of contract.

Breaches can be costly, especially when property, confidential information or business interests are at stake. However, there are different types of breaches: minor and material.

Can products be too popular to protect?

Business owners go to great lengths to protect confidential, proprietary information. They have employees sign confidentiality or non-compete agreements; they limit access to trade secrets; they also secure patents, copyrights and trademarks to protect unique creations.

While all of these measures can be very effective, there are situations in which a challenge or exception arises and puts these protections in jeopardy. Below we examine a few of these scenarios in the context of intellectual property rights.

When can a commercial lease be terminated early?

If you rent or rent out commercial space, you should have in place a comprehensive and enforceable lease agreement. These agreements can provide critical direction and protection to both landlords and tenants, should a dispute ever arise. One such dispute could be early termination of a lease.

Lease agreements can be terminated before they expire for a number of reasons. If you are party to these contracts, it is important that you understand when a lease can (and cannot) be terminated lawfully.

Don't keep quiet! Take action to ensure you own your property

Whether you want to buy or sell your property, it pays to make sure that you do, or will, own it. In some cases, the lines between different parcels of property blur, and you might not own the land you think you do. In this case, you can take legal action to fix the problem.

Failing to go through this legal process, called a quiet title action, could allow someone else to make a claim to your property. As a buyer, if you purchase property in which someone else might stake a claim, it could cause issues in the future. As a seller, you know a potential buyer will likely not want to purchase the property until the title is clean. Even if no one currently insists they have a right to the property, a quiet title action can prevent such claims in the future.

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What Clients Say About Carr Law Firm

  • Pete Carr has represented my companies for the past several years. He has handled all of the companies litigation needs along with providing legal counsel and legal documents as needed. Pete is always extremely professional but the thing that I like the most about Pete is how responsive he is when needed.
    Danny Quinn, President
    Quinn Commercial, Inc and Quinn Contractors, Inc.
    read more
  • Peter Carr of the Carr Law Firm, P.A., has represented various companies I owned since 2009. Mr. Carr is a great talent in landlord/tenant disputes and general corporate litigation. In every case he has represented me in, he researched and advised me of the best solutions to either settle the case or to fight.
    Abdul Mathin
    Blackmine Property Management
    read more
  • Pete has been my attorney for many years. I previously worked with other attorneys and what I like about Pete is that he looks at all angles of the situation and gives me advice that is in my best interests, even if it’s not what I want to hear. When necessary, he litigates aggressively.
    Vincent F. Wolle, CCIM, SIOR
    Broker-Investment Partner
    Results Real Estate Partners, LLC
    read more

Carr Law Firm, P.A.
203 E. Livingston Street
Orlando, FL 32801

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