Whenever a construction project is undertaken, there are potentially many parties involved. In the course of completing that project it is possible that any of the participants could find that they are involved in a dispute with another party. While in a recent post we discussed the possibility of a property owner taking legal action against contractors and others responsible for doing the work, it can work the opposite way—contractors may file a lawsuit against property owners as well.
When it comes to homeowners initiating construction litigation there are multiple reasons why such a case could arise. One of them is due to construction defects. But just what meets this definition? The reality is a variety of situations fall under this umbrella. These include, but are not limited to:
- Unsafe structures
- Substandard workmanship
- Code violations
- Faulty design
- Leaky windows that lead to toxic-mold contamination
- Peeling paint
- Popped nails
In a previous post we outlined some of the things that go into making a contract “good.” One of the things we mentioned in that post is having a clause that requires alternative remedies be attempted when an issue arises. In this post we will expound upon that.
As is the case with many things, clauses of this nature can vary. One is a “tiered dispute resolution” provision. There are multiple reasons why this approach could be beneficial. Including providing the parties involved in the contract an opportunity to:
Last spring we wrote a post about a lawsuit between rapper 50 Cent and a Florida business. In that post we discussed the Florida businessâ success in securing damages for misappropriation of trade secrets, unjust enrichment and breach of confidentiality. As it turns out, that is not the only legal dispute to arise involving companies manufacturing and marketing headphones. A lawsuit was recently filed against Apple's Beats.
December of last year proved to be a strong month where commercial construction projects in the Orlando area are concerned. According to a recent report the value of the projects for which permits were pulled was up 74 percent as compared to the same time in 2013. That translates into an increase in value of $25.9 million.
The increases recorded in December regarding commercial construction projects were mirrored in numbers throughout the remainder of the year. More specifically, commercial permit values were up by 5 percent in 2014 over the previous year. That increase brought the total permit value in the commercial setting to $3.4 billion.
For most any business contracts play an important role. Accordingly, it is vital that every contract entered into is a solid, “good” contract. The failure to make sure this occurs, can seriously impact the business’s ability to turn a profit. But what constitutes a good contract? In this post we will discuss just a few of the things that businesses should consider including in a contract.
Many Orlando businesses do not own the building or land they operate on. They lease the property from the owner, which can be beneficial in terms of flexibility and cost. For their part, the property owner gets to profit from having tenants.
As with renting residential property like apartments, the landlord-tenant relationship when commercial real estate is involved is governed in large part by the lease. In addition, if certain elements are missing from the lease, state law steps in. In this way, both parties have rights and obligations, and any infringement on those rights and duties could trigger a breach of contract.
For any business to succeed a variety of things must work together. Depending on the business it is possible that a trade secret will be one of those things. These could take many different forms including:
- Strategies for advertising.
- Manufacturing processes.
- Client lists.
- Supplier lists.
- Consumer profiles.
- Distribution methods.
- Sales methods.
While many businesses may have these, they not understand what to do if they are infringed. Readers may be surprised to learn that registration is not required for a trade secret infringement to be actionable. This is beneficial to the holder of the trade secret since it means there is no limit on how long it can be protected.
While some people who live in the state of Florida are equipped to undertake repairs and additions to their homes or businesses, many are not in that situation. This means that in order to get anything done they will have to hire someone to do it for them. When this happens the contractor and property owner enter into a contract. While the work is often completed as expected, in other situations things do not go as planned and a property owner may decide to pursue a legal claim against the contractor. In this post we will discuss when this might be a good approach.
Earlier this month individuals who subscribe to Dish Network for satellite television may have experienced a blackout of CBS programming which lasted for 12 hours. A technical glitch was not to blame for this outage. Instead, a contractual dispute between the two prompted the network to go off the air for a time. The programming was restored as soon as the dispute was resolved.
Disputes such as this one are not all that uncommon currently. As networks are seeking to maintain digital rights to their programming and receive higher rates, distributors are trying to continue to make money by keeping a lid on programming costs. The desire for both sides to make a profit can result in difficulties reaching an agreement.