Imagine your business enters into a deal — and before the work even starts, the other party flat-out says, “We’re not going to do it.” Or they take actions that make it clear they won’t follow through.Do you have to wait until the deadline passes or performance fails before you can take legal action? In Florida, the … Read more
Most disputes don’t start in a courtroom—they start in an email thread that gets tense, a vendor who stops responding, or a customer who suddenly “has issues” only after the invoice is due. At that early stage, a demand letter can do what litigation often can’t: force clarity. It frames the facts, defines the legal … Read more
When a commercial tenant defaults, landlords often want to know one thing: Can I recover the rest of the rent for the lease term now—rather than month by month? In Florida, the answer usually depends on the lease. Acceleration is a powerful remedy when drafted correctly, but Florida courts also treat it with an important limiter: acceleration is not … Read more
Contracts are the backbone of business relationships — but when one side fails to follow through, things can unravel quickly. Whether it’s a missed payment, an unfulfilled delivery, or a vendor who simply disappears, business owners in Florida often ask:“Is this a breach of contract, and what can I do about it?” Here’s what every … Read more
When You Must Comply—and When You Don’t If you’re involved in a construction defect dispute in Florida—whether you’re a property owner, contractor, subcontractor, or design professional—Florida Statutes Chapter 558 may apply. This law requires certain parties to send a pre-suit notice of construction defects and give the contractor or responsible party an opportunity to inspect and repair before … Read more
A Step-by-Step Legal and Practical Guide for Florida Property Owners Hiring a contractor should move your project forward—not leave you with substandard work, unfinished spaces, or thousands of dollars in damage. Unfortunately, many Florida property owners—both residential and commercial—find themselves asking the same question:“What do I do now that the contractor abandoned the job or … Read more
In business, not every deal works out. Whether a vendor fails to perform, a partner relationship turns sour, or economic conditions change, you may find yourself asking:Can I get out of this contract — without getting sued? The answer depends on the contract’s language, the circumstances, and how you handle the termination. In Florida, improper termination … Read more
Fraud in the context of contractual relationship brings with it a tricky set of issues that even some Florida Courts fail to fully understand and appreciate. Florida Courts acknowledge the long-standing independent tort doctrine which provides which states in relevant part from Indemnity Ins. Co. of North America v. American Aviation, Inc., 891 So.2d 532, 536-537 … Read more
The circuit courts of Florida have subject matter jurisdiction over actions at law in which the matter in controversy exceeds $ 15,000, exclusive of interest, costs, and attorney’s fees. See Art. V, § 20(c)(3), Fla. Const.; §§ 26.012(2)(a), 34.01(1)(c)4., Fla. Stat. (2003). In determining whether the trial court’s jurisdiction was properly invoked, the controlling standard … Read more
Florida Law is well settled that a contractual promise not performed is not tantamount to fraud. As a general rule, fraud cannot be predicated upon a mere promise not performed. Alexander/Davis Properties, Inc. v. Graham, 397 So.2d 699, 706 (Fla. 4th DCA 1981), petition for review denied, 408 So.2d 1093 (Fla. 1981). Moreover, to cross … Read more
Where a building contractor has substantially performed a contract between the parties, the contractor is entitled to be paid the full contract price diminished only by damages which the owner has suffered as the result of such breaches of the contract as may be established by competent evidence. See Fleming v. URDL’s Waterfall Creation, Inc., … Read more
Andrew Douglas, P.A. now offers residential eviction services from all statutory notices through to obtaining possession and monetary damages. We offer a flat fixed rate for tenant evictions (to obtain a writ of possession), and a reasonable fixed hourly rate to recover unpaid rents and other money damages. Call now to discuss your eviction case.
As a construction attorney the issue of how to calculate damages comes up often. Generally, a contractor has their own idea on how to calculate its damages, but generally they are not correct. In the case where a contract is substantially completed , the contract price between the parties will likely govern the value of work … Read more
Florida Non-Compete Agreements, Non-Solicitation, Non-Disclosure, and Non-Disparagement Agreements Non-Compete Agreements are disfavored by the Courts, as against public policy, but are enforced by Courts when they comply with Florida Statute 542.335. Fla. Stat. 542.18 – General Rule Making Restraints Unlawful- Restraint of trade or commerce.—Every contract, combination, or conspiracy in restraint of trade or commerce in … Read more
In Florida there are generally 4 bases to obtain attorney’s fees as damages in a lawsuit. The general rule also known as the “American Rule” is that each party bears its attorneys fees in litigation, it is the default rule in Florida. However, here are the exceptions to that rule. 1. Statutory Basis for Attorney … Read more
What type of damanges are recoverable under FDUTPA? Answer: Actual Damages, Florida Statute states specifcally which remedies are available under a FDUTPA claim stating, 501.211 Other individual remedies.— … (2) In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, … Read more
One of the first things an attorney thinks about when defending claims based on oral contracts is whether such claims are barred by the Statute of Frauds. The State of Frauds is a common law defense which has been incorporated into statute in Florida. Traditionally, the Statute of Frauds requires a signed writing in the … Read more
Joint accounts are common but most people do not understand the rights of each named account owner. While the titling of joint accounts will determine who may access such accounts from the bank’s perspective (with the use of an “and” or “or” designation, requiring both or just one owner to access, respectively), ownership is not … Read more
Florida’s Civil Theft Statute is a powerful tool to recover damages for theft and theft related civil actions which enables the Plaintiffs to seek attorney’s fees and treble (triple) damages. However, there are some nuances in Florida Law which should be reviewed before filing an action for Civil Theft. First, the economic loss doctrine is generally a … Read more
The Federal Civil RICO statute is a very powerful tool that can provide a litigant Federal Question Jurisdiction and the ability to recover treble damages and attorneys’ fees when otherwise unavailable. However, a major hurdle to successfully pleading and prosecuting a civil RICO claim is making sure that the facts support a showing of the … Read more