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Category Archives: contract litigation

Contract

Florida Appeals Court Rules in Favor of Developer, Against the City of Sarasota

By Michael Pike and Daniel Lustig |

On March 3rd, 2017, Florida’s Second District Court of Appeal ruled in favor of a commercial developer, Buck-Leiter Palm Avenue Development, LLC, and against the City of Sarasota in a complex contract litigation case. Originally, the city was granted summary judgment by a trial court, but the appeals court determined that summary judgement was… Read More »

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Miami Beach Restaurant and Construction Firm Locked in Legal Dispute

By Michael Pike and Daniel Lustig |

According to reporting from The Real Deal, CBMIA, a company that is planning on opening up a new restaurant in Miami Beach, has filed a breach of contract lawsuit against its construction firm, U.S. Construction Corp. (USCC). In response, USCC has filed a countersuit that also alleges breach of contract. CBMIA blames USCC for… Read More »

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Florida Court of Appeal Reverses Entry of Summary Judgment in Contract Dispute

By Michael Pike and Daniel Lustig |

In the case of Sean Lucey and the Lucey Corporation v. 1010 Logic Inc, the Florida Second District Court of Appeal found that the circuit court erroneously entered a finding of summary judgment in favor of the plaintiff. Here, we explore the background of this case and discuss what summary judgment is and why… Read More »

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Florida Commercial Contract Disputes: What’s Actually in the Contract?

By Michael Pike and Daniel Lustig |

In today’s world, business moves quickly. Often, the realities of the market require companies to enter into commercial transaction without ever sitting down and drafting a contract. In many cases, the two companies will send each other form contracts and simply move forward with the transaction. On the one hand, this is good as… Read More »

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Florida Administrative Court Rules in Favor of Department of Corrections in Contract Dispute

By Michael Pike and Daniel Lustig |

According to reporting from the Palm Beach Post, a Tallahassee administrative law judge has ruled for the Florida Department of Corrections in a complex case involving a dispute over substance-abuse treatment service contracts. Bridges of America Inc. a private company that operates work release and drug rehabilitation centers in Orlando, brought the claim against… Read More »

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Seminole Tribe Wins Contract Lawsuit Against State Government

By Michael Pike and Daniel Lustig |

Recently, the Sun-Sentinel reported that the Seminole tribe of Florida has prevailed in a contract litigation claim against the state. Specifically, the lawsuit pertained to the legality of offering blackjack and other table games at casinos. As a result of the decision by the federal judge in the case, the Seminole tribe will be… Read More »

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Mediation For Business Contract Disputes

By Michael Pike and Daniel Lustig |

Unfortunately, with every business contract, there is the risk of a dispute. Sometimes, litigation is required, but often a dispute can be resolved best through other means. For example, in some circumstances mediation may provide fast, cost effective resolution. Mediation is a collaborative, non-binding, method of alternative dispute resolution. If you are involved in… Read More »

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Are Oral Sales Agreements Enforceable?

By Michael Pike and Daniel Lustig |

Oral business agreements can be considered enforceable contracts, but only sometimes. These type of cases are generally fiercely disputed and are often complex. It is always important to make sure that your business rights are protected. Other parties should be held to their contracts, and on the flip side, you should not be held… Read More »

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Using a Noncompete Agreement

By Michael Pike and Daniel Lustig |

Expanding your business can be exciting. Hiring new personnel to help fulfill big business goals and drive growth is a rewarding task. However, this task comes with responsibilities that you must keep in mind as an employer. One of those responsibilities is the reality that the prospective employee you intend to hire may not… Read More »

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How Contract Review Can help Avoid Future Disputes

By Michael Pike and Daniel Lustig |

Entering into contracts with other individuals or organizations is an essential aspect of conducting business, regardless of the industry in which a particular company operates. After all, the very act of agreeing to perform a service or provide goods in exchange for some type of compensation is a contract, even if the agreement is… Read More »

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What kinds of Situations can Lead to Employment Contract Disputes?

By Michael Pike and Daniel Lustig |

Employment contracts are legally binding agreements that create rights and responsibilities between employers and employees. These agreements generally detail the nature and scope of a position, the amount that an employee will be paid, any benefits that they employee will have, grounds for termination, and other important details regarding a job. When these terms… Read More »

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The Importance of Having an Attorney Review your Business Contracts

By Michael Pike and Daniel Lustig |

Anyone conducting any type of business enters into contracts on a regular basis, even if they are unaware of doing so. A contract is a legal agreement between two or more parties that creates rights and imposes obligations on the parties to the contract, and disputes often result in complex commercial litigation. Almost any… Read More »

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Learning to Read Boilerplate

By Michael Pike and Daniel Lustig |

In a world where contracts and agreements can be stored electronically, more and more small business owners are having to deal with written contracts in their day to day dealings. In an ideal world, people would have the time and money to let lawyers look over every contract before they signed it, but that… Read More »

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Implicitly Waiving Contract Rights

By Michael Pike and Daniel Lustig |

American contract law has a complex relationship with formalities, such as signatures and notarization. One the one hand, people use these formalities all the time. When most people think of a contract, they think of a long legal document with a signature page at the end. These formalities are important because they are evidence… Read More »

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Specific Performance and Contract Law

By Michael Pike and Daniel Lustig |

The most common remedy that people receive when suing over a contract are damages, money paid by the defendant in order to compensate them for some harm. However, sometimes that payment is not what people really want. After all, the parties entered into the contract with specific obligations, and sometimes plaintiffs would rather see… Read More »

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