The question of almost every party to a contract that remains to be fully performed is whether Covid-19 is an act of God that will excuse performance by the party who has yet to complete performance. The starting point in any such inquiry is the written agreement...
Contract Disputes
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...
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...
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,...
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...
When contract disputes go to an arbitrator instead of courts
People in Florida agree to do certain things for others daily. However, if one party wants to truly ensure that the other party will follow through on what they say they will do, then the parties should enter into a contract. That is why businesses in Florida usually...
When a first breach of contract terminates a contract
Contracts are important for businesses in Florida. Contracts state the obligations of both parties to a transaction. This is important because it gives both sides assurances about how the other side will proceed and allows them to plan accordingly. It also gives both...
Obligations when there is an anticipatory breach of contract
Businesses in Florida enter into contracts every day and by doing so they are agreeing to be bound by the terms of the contract. This means they must perform the obligations they agreed to perform. This could be either to perform certain services, provide certain...
Contract disputes over revocation of offers
People and businesses in Florida generally conduct their businesses by offering certain goods and services in exchange for money or other consideration. At a very basic level this type of offer and acceptance creates a contract between the parties. These can be very...
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...