Every industry has been or will be affected by the consequences of the COVID-19 pandemic. Accordingly, as the world continues to grapple with the ongoing health and financial crisis, businesses are trying to determine and guard against the impacts. For example, there are ongoing contractual obligations to many parties and in a multitude of areas, […]
Widerman Malek Law Blog
Finalizing Business Agreements – What Willie Taggart and Florida State Can Teach Us
As a Florida State University alumnus, a recent news topic caught my attention. According to reports, the FSU Seminoles former head football coach, Willie Taggart, was possibly fired without the execution of a formal contract. Allegedly, the only document memorializing the university’s hiring of Taggart was a nine-page letter of agreement. Of course, if that […]
Lessons Learned from Construction Case Law
On July 21, 2017, the District Court of Appeals of Florida, Fifth District issued a decision that has a couple of key points for contractors to keep in mind when involved in a dispute with another party. Don Facciobene, Inc. v. Hough Roofing, Inc., involved a suit by a subcontractor to collect payment for installing […]
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 […]
The Problems Employers Face When Losing Critical Employees
Every company fears, and eventually, faces the loss of one or more of its key or most critical employees. The reasons, of course, should be obvious. These are the people upon whom your company relies most often in its day to day operations, decision making, business development and crisis management. They are typically the employees […]
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.
Negotiating the Distribution of Patented Products: Questions to Ask
When a company is ready to bring its debut product to market, excitement may run high. The importance of protecting the company’s intellectual property rights in the new product is paramount. While the company may enter contract negotiations with its distributor in good faith and in anticipation of creating a mutually beneficial agreement, a lack […]
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:
Widerman Malek, PL – Brevard County School Board
Audit: $4.3M paid by Brevard Schools ‘improper’ However, a $600,000 down payment and two $360,000 payments for “green screen” software were deemed proper payments, according to the presentation by attorney Edward Kinberg. For the full article click here
