Payton & Associates, LLC

Miami Business Litigation Lawyers

2 S. Biscayne Blvd., Suite 2300
Miami, FL 33131

Contact (305) 372-3500

Payton & Associates, LLC

  • AV Preeminent
  • Rated By Super Lawyers Harry A. Payton Selected in 2014 Thomson Reuters
  • The Florida Bar Board Certified Business Litigation
  • The Florida Bar Board Certified Civil Trial

Miami Business & Commercial Law Blog

Common types of construction disputes that arise

There are many buildings and other structures in Florida, and none of them built themselves. Each building required construction, and given the different aspects of any building project, they often require a general contractor and then various subcontractors to complete various aspects of the project. All of the people involved must do their job in order to complete the project correctly. Then, once their jobs are completed, they need to receive the compensation that they earned.

To help ensure that the work is completed by the contractors and subcontractors as well as to ensure that people are paid for their work, these various people sign contracts. These could be contracts between the owner and the general contractor or contracts between general contractors and subcontractors. Contracts can be broken, though, and when that occurs there can be disputes that arise and lead to construction litigation.

Assisting companies when business torts arise

There are many different businesses in Florida. However, no matter how big or how small a company is, it needs to have good leadership to be successful. Obviously larger companies will need more people in positions of leadership than smaller ones, but all those in leadership positions need to work together in the best interests of the company. However, this is not always the case and sometimes people in positions of power will act on their own behalf instead of the company's behalf.

When this occurs, the company may be faced with a business tort. These can come in a variety of forms such as fraud, breach of a duty of care, loyalty, or fiduciary duties, negligent misrepresentation on contracts, usurpation of business opportunities and many others. Basically, business torts include any type of actions in which the people responsible for the tort were intentionally trying harm the company for their own benefit or the benefit of others.

Florida office buildings and shopping center sold for $43 million

There are many office buildings, shopping centers, hotels, recreation areas and other types of commercial real estate in Florida. The main objective of the owners of these various commercial properties is generally to make money. Owning these types of properties can generate income through the rent of the tenants, but they can also be very good investments for the owners. The hope is that the value of the property will rise over the time they own it, and down the road they can sell it for millions more than they originally paid.

Recently a real estate portfolio consisting of office buildings and a shopping center was sold for $43 million. The spaces in the buildings are currently occupied at the time. Between the office buildings and the shopping center the total sale involves approximately 131,000 square feet of commercial real estate. The sellers were the developers of the properties, which were built in 2006 and 2008. It is unclear how much the developers made off the sale of the properties.

Does Age Affect Susceptibility to Bar Violations? Lawyers Weigh in

Ethics and white-collar defense attorney Brian Tannebaum, civil litigator John Leighton, trial lawyer John G. Browning and business litigator Harry A. Payton assess how suceptible new and experienced lawyers are to disciplinary slip-ups.

When is there a modification to a contract under Florida law?

People and businesses in Florida enter into a variety of different contracts each year. The types of contracts depend on the type of business, but every contract involves at least two parties each agreeing to do something or pay for something in exchange for the other party doing something. At the very basic level this is the basis of every contract, but the actions required to actually execute the terms of the contract can be very complicated. They can also take time and circumstances may change after the original contract is signed.

Therefore, contracts can be modified if both parties agree to do so. Many times, any modifications of a contract will be written down and the terms will be clear to both parties. However, contracts can be modified in many other ways besides just in writing.

Basic requirements for a non-disclosure agreement

There are many different types of businesses in Florida. These businesses offer a variety of goods and services for people throughout the world. However, many businesses offer similar goods and services, and in some industries there can be a lot of competition. In many instances, each company has certain aspects that are unique just to that company, even if other companies are similar. These unique differences are usually what companies promote to stand out from the other companies, and therefore they want to keep those secrets out of the hands of competitors.

These differences are oftentimes deemed trade secrets or confidential information. In order to ensure that their competitors do not obtain this information, companies will utilize non-disclosure agreements (NDA) with their employees, suppliers and others who may have access to the information. These are designed to prohibit people with the information from disclosing it to any people outside of the company.

Delays in condo development lead to construction disputes

Florida has some beautiful property along the ocean and many people are willing to pay large amounts of money to live on the beach. Therefore, there are many new condominium developments that are constructed offering oceanside luxury living. However, the developments need to be built first and the construction can take time, which is expected. Many times, these condos are sold before the construction is complete. Buyers will want to know when they will be able to move in, and will sign contracts based on those expectations even if construction is not complete.

Sometimes there are construction delays, and the project takes longer than expected. Some delays are reasonable, but the delays that are currently occurring at a new condo development in Florida are taking too long according to the buyers. Recently one couple filed a lawsuit for breach of contract due to the delays and are seeking their $2.6 million deposit back.

What is the business tort of usurpation of corporate opportunity?

Officers and directors within companies in Florida have many responsibilities. The most basic responsibility is to make sure that the business runs correctly and is profitable. In order to do this, they need to make sure that they maintain good relationships with potential clients and others who could provide the company with business opportunities. When these officers and directors receive various potential business opportunities they need to decide which ones are good for the company and which ones are not.

However, some of the business opportunities could be very lucrative and the directors may want to keep the opportunity for themselves. This could be a breach of their fiduciary duty to the company and could be considered a usurpation of corporate opportunity. Generally, directors and officers may not make a private profit based on an opportunity that came to them because of their position within the company.

Basics of venture capital investment

Many people in Florida have good ideas for businesses, but in order to convert those ideas into actual businesses the owners will need money to get them off the ground. This is because businesses oftentimes will need money not only to develop a product, but also to obtain a place where they can have offices, warehouses and other needs for their business. Therefore, these young companies will need to either purchase or lease commercial real estate.

However, many small business owners do not have enough capital to pay for all the upfront costs. So, many companies are funded by venture capital investors. The very basic way that these arrangements operate is that the venture capitalist will invest the money the company needs to get started in exchange for some sort of ownership, usually in the form of stock in the company, or some other return on their investment.

Potential defenses to breach of contract claims

People and businesses in Florida enter into contracts every day. People enter into contracts when they agree to pay for services or goods. These are very basic contracts in which a customer is agreeing to pay the business for a good or service. However, other contracts, especially those between businesses for large amounts of money, can be very complicated and have many different requirements each party to the contract must follow.

Once companies or individuals enter into contracts, for the most part, they are legally bound to comply with the terms of the contract and perform their duties according to those terms. If a party does not do this it could result in a breach of contract claim against them. While generally the business is expected to perform their duties, there are potential defenses available to them to state why they should not be liable for the breach.

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