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Archive for the ‘breach of contract’ Category

South Florida Business News: Week Ending February 13

February 13th, 2010

By Mark Schecter | No Comments »

City of Hallandale Beach Wins Breach of Contract Case

Arbitrator Lawrence Kellogg, Esq of the American Arbitration Association panel recently ruled that Reuter Recycling of Florida, Inc breached its contract with the City of Hallandale Beach by taking actions which destroyed the essence of the parties’ contract which originally provided that the waste stream generated by four cities would be composted by Reuter to accomplish waste reduction goals.

Damages of $525,000 were awarded to the City of Hallandale Beach. In addition, a counter claim against the City of Hallandale Beach for $2 million was involuntarily dismissed by the Arbitrators at the hearing.

The estimated cost savings to the City as a result of having the remaining term of the solid waste contract terminated is estimated to be more than $1 million.

Read more here

Lennar Homes files Breach of Contract Lawsuit Against Several

Lennar Homes, a Miami-based homebuilder, filed a breach of contract lawsuit against 5 drywall installers in Lee County, a couple of Chinese drywall manufacturers, and several other companies on January 30, 2010.

Lennar sued eight drywall suppliers for product liability and breach of implied warranty, as well as 12 installers for breach of contract and breach of express and implied warranty.

Contractors J.D.M. Builders, Florida Style Services, Ocean Construction, B&B Stucco and Harrell’s Drywall, whose primary place of business is in Lee County, according to the suit, were among about 20 companies being sued along with Taishan Gypsum Co. and Knauf Gips KG, a German company whose affiliate is Knauf Plasterboard Tianjin Co., a Chinese manufacturer, the suit said.

The lawsuit alleges the Chinese manufacturers were negligent and liable for damages because they produced drywall for a dozen or so homes in Lee County that may have been corroded by air conditioning coals, wiring and other copper fixtures.

Read more here

Whether you’re a company contemplating filing a breach of contract lawsuit against others or a contractor being sued, the lawyers of Schecter Law may be able to assist you. Contact our law office today to discuss your matter.

3 Essential Components of a Business Contract

July 1st, 2009

By Mark Schecter | 4 Comments »

South-Florida-business-contractA contract is a legally binding agreement between two or more parties that is enforceable by law. However, not all contracts are created equal. In fact, some are not even valid.

Because laws vary from state to state, a contract that is valid in California may not be enforceable in Florida. A general contract form from your local office supply store, although properly formatted, may not fully adhere to the laws in your state.

3 Components of a Valid Contract

In Florida, a contract must have 3 essential components to be considered valid and enforceable – an offer, acceptance of the offer, and consideration.

1. The offer
An offer is a written or verbal statement by any party expressing his/her intent to enter into a contract under certain terms. It can be negotiated, re-negotiated, withdrawn or rejected at any time prior to acceptance.

Once the offer is accepted and the contract signed, you are considered a party to the contract and are obligated to perform as agreed.

2.Acceptance of the offer
When an offer is presented, all parties to the contract must fully and openly accept it. Acceptance can be in writing, verbally over the phone, or via the U.S. mail. In the latter case, the offer is deemed accepted from the moment the mail is placed inside the mailbox; not from when the recipient receives the mail.

3.Consideration
Consideration describes the value that will be given to the parties of the contract in exchange for their performance. It must be present in all Florida contracts.

There are different forms of consideration – including money, services and tangible items. Without consideration, the performances promised in your contract are merely gifts.

Doing business with valid contracts is essential to your success. Now is the time to evaluate the contracts you are relying on. Are you fully protected or leaving your business vulnerable?

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