The Federal Trade Commission (FTC) has made a recent announcement of a final rule banning noncompete agreements nationwide. Noncompete clauses have long been criticized for stifling wage growth, suppressing innovation, and hindering economic dynamism. FTC Chair Lina M. Khan suggests that they impede the creation of over 8,500 startups annually and curtail the ability of […]
Widerman Malek Law Blog
FTC Implements Nationwide Ban on Noncompete Agreements: Impact on Workers, Innovation, and Employers
Understanding Specific Performance of a Real Estate Contract in Florida
When it comes to real estate transactions, it’s common for parties to enter into contracts that outline the terms and conditions of the sale. While these contracts are typically binding and enforceable, there may be situations where one party fails to fulfill their obligations under the contract. In these cases, the non-breaching party may seek […]
Contracts, Doctors, and Common Mistakes: What You Should Know
As a medical practitioner, the last thing you should want or need to worry about is what may be in your employment agreements. Your years of schooling, testing, training, and keeping society healthy should be your dominant focus without the added stress of whether your practice and business contracts are set-up properly to protect you. […]
Johansson v. The Walt Disney Company, A Contracts Cautionary Tale
The litigation between Scarlett Johansson and Disney settled with undisclosed terms but the fons et origo* of the dispute is a contracts cautionary tale. Generally, each party to a contract should have a clear understanding of the terms of the agreement. It should be easy for a party to a contract to articulate what they […]
Ask the Question – Avoiding Bid Protest and Contract Disputes
Based on my 25 years of experience in practicing federal procurement law, the single biggest cause of bid protests and contract disputes is the failure to “ask the question.” While I can’t tell you what the question is because it’s never the same, I can tell you that by “asking the question” you can save […]
Contracting for Hurricane Repairs, A Primer
If you suffered damage from Hurricane Irma, you need to notify your insurance company immediately. If you are having repairs done at your home you need to: Ensure the work is being done by a Florida licensed contractor. If you are told a Florida license is not needed, confirm with your local building department. You […]
Statute of Repose Clarification
Contractors and subcontractors should be excited, okay, happy at least, that Florida’s Statute of Repose has been recently amended. WHAT IS THE CHANGE? The major change to Section 95.11, Florida Statutes (2017), is the start of the ten-year statute of repose period. The statute of repose sets the last day by which a suit must […]
Proper Notice to the Surety is Important
Most contractors and subcontractors know there are notice provisions in their contracts, but they are not always followed to the letter. The Eleventh Circuit Court of Appeals just sent a clear message that if you do not follow the notice and termination provisions of a bond, the surety may be off the hook. What is […]
A Full and Final Release Means What it Says
In two recent opinions, one from the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”), the Boards confirmed that a final release really means a final release.
What Every Florida Contractor Needs to Have in Their Contracts
Over the years, I have reviewed many estimates and contracts from various types of contractors and homeowners. In most cases, I have found that the contractor did not include several items required by Florida law to be in their estimates or contracts. These are:
