Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

Miami Business and Commercial Law Blog

Can a Judgment Creditor Garnish a Contractual Obligation?

If you think a commercial contract can protect you from a garnishment, you may well be wrong. While proper wording of a contract is essential to safeguard your interests and provide a path to recovery in the event of a default, the courts have made it clear that a debt arising out of a contract is the proper subject of a garnishment.

Should You Consider Arbitration?

In my more than 40 years as a trial lawyer, I have seen arbitration go from being vilified because it divested the courts of jurisdiction over civil disputes to becoming the preferred form of dispute resolution in many commercial situations.

For those who are unfamiliar with arbitration, it is simply another method for resolving disputes. An arbitration proceeding arises from a contract between two or more persons or entities to submit their dispute to a panel of one or more arbitrators. The scope of the disputes that can be adjudicated by arbitration is usually covered by the arbitration agreement.

Is Your Website ADA Compliant?

Under the Americans with Disabilities Act (ADA), most businesses are required to make all electronic and information technology accessible to people with disabilities, including their websites. Otherwise, you may be surprised by a lawsuit from plaintiff's lawyers who have made a cottage industry out of pursuing non-compliant enterprises.

When Florida lenders act in bad faith

When companies in Florida look to expand or move into a better space for their operations, they may decide to purchase commercial real estate. This can be a very important decision for the company and one that needs to be done carefully. There are also many steps to the process, but it usually starts with securing the money for the purchase through lending. This is usually secured from a bank or other lenders. This can be a complicated process by itself, but both sides are expected follow the terms of the contract.

Oftentimes people hear about borrowers breaching the terms of their loan, most commonly because they fall behind on monthly payments. However, the lenders can also be liable if they act in bad faith. Sometimes lenders fraudulently induce the contract, or the terms were not mutually agreed to by both parties. This can occur if the lender purposely misleads the borrower about the terms of the agreement. Another way that lenders breach is by improperly selling collateral used to secure a loan if the borrower defaults on the loan.

Hertz did not receive proper services in breach of contract claim

There are various different contracts that companies enter into in Florida. Some of these contracts involve buying tangible goods and products from another company. Other times the company is paying another company to perform various services for the company. However, business contracts oftentimes involve large sums of money, and companies expect that the contracts will be followed. They expect that they will receive what they paid for when they entered into the contract.

Hertz car rental company claims that the marketing company that they hired to update their website and mobile apps did not do what they were hired to do. Hertz filed a breach of contract lawsuit against the marketing company after paying $32 million for services that were never provided. The launch of various aspects of the project were delayed and the marketing company asked for hundreds of thousands more to complete a part of the project that was a part of the original contract. They also failed to develop a product that would be compatible with all aspects of Hertz's business.

Statute of limitations for a contract dispute

There may have been a time when people in Florida would make agreements based on conversations and a handshake. Some may wish this was a viable option for operating a business. The reality is that people and businesses need to have written contracts. It is the written agreement that proves the terms of the deal. Written contracts are easier to enforce than oral agreements. A written agreement aids its enforcement. 

Officer and director duties of care and of loyalty

Companies in Florida vary greatly in size and therefore they vary greatly in the number of employees working for them. These companies need people to manage the employees and to do this they hire managers and other officers of the company to ensure everything runs smoothly. These officers can include chief executive officers, chief financial officers, chief operating officers and many others who may be underneath the top levels of management of the company.

These officers have a duty of loyalty and a duty of care to the company. These duties may be breached when the officers stop acting in the best interests of the company and instead starts acting in their own best interests. Directors must act in good faith in the best interests of the company as a normally prudent individual would act in the same capacity. Officers have a duty to perform their duties as stated in the bylaws of the company or in a manner consistent with the direction of the board of directors or other officers in accordance with the bylaws.

Four red flags to spot before a construction dispute

Construction projects hold a considerable amount of potential and promise for project owners; you are bringing to life a new space, from the ground up. Whether it's residential or commercial space, you are ultimately creating a new, engaging environment.

However, construction projects also bring several moving parts that may result in a significant dispute. As the project owner or property manager, you need to be able to identify potential red flags in a project before it becomes a severe issue.

Main types of construction defects that may lead to lawsuits

There are construction projects occurring every day in Florida. Many homes, offices, apartment buildings and other buildings are being built and there are many designers, construction companies, suppliers and construction workers that are involved in these projects. There are also many different phases of the project and different companies that complete these various phases. This means that there are many different things that can go wrong throughout the project.

At the end of the project, it may be discovered that there were different construction defects due to the mistakes that were made during the project. The defects can result in significant damage and be very costly to the owner of the buildings. The owner may be able to recover compensation for the damages caused by the defect. However, as there are different phases of the project, it is important to know who was responsible for the defect in order to pursue compensation.

Factors used to determine tortious interference with contracts

One of the basic principles of the economy in Florida is that there is competition. Therefore, there are many businesses who offer the same or similar services and products. This gives consumers choices to pick the product that best fits their needs and budgets. It also creates competition between companies to produce better products or services at competitive prices. However, this competition can also cause companies to try to gain an advantage over other companies any way possible.

This can include doing things outside the bounds of fair competition. One way companies do this is through tortious interference with contracts. This is essentially intentionally inducing a person to break a contract with a third party, which causes the company to suffer economic damages. There are certain factors that one must prove though in order demonstrate that there was in fact tortious interference. One of these factors is that the interference with the contract was improper.

Super lawyers | Harry A. Payton The Florida Board Certified | Business Litigation The Florida Board Certified | Civil Trail AV | Preeminent | Peer  Rated for Highest Level of Professional Excellence | 2020 Best Lawyers | 2018 Global Member Firm INBLF
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