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Fort Lauderdale, Florida 33301
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Posts Tagged ‘Fort Lauderdale’

Questions to Ask Before you Hire a Business Lawyer

August 11th, 2010

By Mark Schecter | 2 Comments »

QuestionsLawyers are essential for many successful businesses, from large corporations to small companies. They can represent a company at various stages and help resolve conflicts before they lead to lawsuits.

Choosing a lawyer can be a daunting task when you don’t know what to look for in potential candidates.

Our last article reviewed three ways a lawyer can help your business. Today, we are looking at questions you can ask before you hire a lawyer:

Does he/she have the experience my business needs?

This is one of the first questions to ask when you are looking to hire a lawyer. It is important to seek out someone that has the experience your business needs.

Inquire not only about the extent of experience but the type of law he/she has handled over the years.

If you are in the start-up phase of your business, you may prefer a lawyer that has assisted with organizing and incorporating new businesses. If you are established but require a lawyer to handle disputes or pending lawsuits, you will need someone that is good at resolving disputes and/or litigating cases involving business.

Is he/she an effective communicator?

Good communication is vital for any relationship, especially the attorney-client relationship. You will need to communicate your thoughts, concerns, and business needs to your lawyer.

You can assess a lawyer’s communication skills long before you retain his services. Choose someone that answers your telephone calls, responds to emails, and communicates effectively before you hire him.

Is he/she familiar with my business and industry?

Hiring a lawyer that is familiar with how your business operates and the industry in which it exists, can prove to be beneficial for your company’s overall success.

Search for someone that represents companies similar to yours, and provides legal assistance in matters that mirror your own.

Choosing a lawyer is not a decision to make lightly. Take time to research prospects before you hire. Hopefully, these questions will get you started.

If you are looking for effective and tenacious business lawyers, contact us to see if we have what you need. Give us a call at 954-779-7009.

Photo via Oberazzi

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Posted in business, business lawyer, Corporation Law, Fort Lauderdale, South Florida | 2 Comments »

Statute of Limitations in Florida Breach of Contract Cases

July 19th, 2010

By Mark Schecter | Comments Off

Florida statute of limitationsIf you have incurred losses due to a broken contract, you can recover monetary or other damages you sustained.

However, there is a legal time limit that is placed on your pursuit of recovery. It’s known as the statute of limitations.

If you fail to file a lawsuit within the time allowed by law, you may be permanently barred from seeking legal remedies.

The length of the statute of limitations varies from state to state. And it can be extended when all parties reach a mutual agreement to toll the time period.

In Florida, the SOL period can range from 2 to 5 years, depending on the type of civil action you wish to pursue.

In breach of contract cases, the time period is 5 years when a written contract is involved.

Florida Court’s Opinion

In Beck vs. Lazard Freres & Co, LLC, the Florida court barred an action that was filed 8 years after a contract breach occurred.

The lawsuit was initiated by Beck, a trustee for Southeast Banking Corporation, against Lazard Freres & Co., an investment firm. Lazard was accused of writing a letter endorsing another banking institution which later proved to be detrimental to Southeast.

Beck alleged that Lazard breached its contract with Southeast, failed to honor its duty of good faith and failed to perform services with reasonable care.

Lazard wrote the letter in September of 1988. The purchase was approved by Southeast in December of 1988. However, the suit for breach of contract was filed 8 years later, in December of 1996.

Because Beck wasn’t aware of the breach for years, he believed that the SOL did not begin to run until the breach was brought to his attention, and not when the actual letter was written and delivered.

The Florida court disagreed, and held that:

“Actions for breach of contract are barred five years after the cause of action accrued regardless of whether the plaintiff knew that it had a claim.”

Beck’s lawsuit was dismissed and his claim for breach of contract was barred by Florida’s five year statute of limitations.

If you have been injured due to a breached contract or agreement, contact our contract law attorneys before it’s too late.

Click here to email or call us at (954) 779-7009.

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Posted in breach of contract, business, South Florida | Comments Off

Recover Damages in Florida Breach of Contract Cases

July 5th, 2010

By Mark Schecter | 2 Comments »

recover damages A contract breach can be minor or major. The latter is known as a material breach.

If you are on the wrong end of a broken contract, you may be able to recover the damages you sustained. You may also be discharged from performing any of the duties outlined in the contract.

Let’s review four types of damages you can recover in Florida breach of contract cases, They are: monetary, liquidated, specific performance and attorney fees.

Monetary Damages

If you have lost money because another party failed to perform work or provide products as promised, your losses are considered monetary damages. The amount of your damages can be decided by comparing where you are after the breach to where you would have been if the breach did not occur.

For example, you hired a builder to add a room to your home but he only completed 50 percent of the job. You are left searching for another builder to complete the remaining 50 percent of the project. The money you will spend for the second builder to complete the project are your monetary damages.

Liquidated Damages

Liquidated damages are used to compensate you when there is no clear way to calculate your loss. You and the breaching party can agree on a specific amount for the damages to resolve the case.

Specific Performance

The courts can order specific performance when monetary damages will not fully compensate the injured party. This is particularly helpful in cases involving artistic expressions that are difficult to place a monetary value on.

Attorney Fees

Litigating a breach of contract case can get costly. You have to pay the attorney for his time and cover the court fees, among other expenses. If the contract in question authorizes attorney fees when a breach is involved, you can recover those fees to pay your attorney.

Have you lost money due to a contract breach? What were your damages?

Contact our office to discuss action you can take to recover your damages.

Send us an email or give us a call today (954) 779-7009.

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Posted in breach of contract, business, Florida, Fort Lauderdale | 2 Comments »

Florida Breach of Contract Elements

July 5th, 2010

By Mark Schecter | 1 Comment »

breach of contract elementsWe have discussed the importance of doing business in Florida with a valid contract. But that is just one piece of the puzzle. The other is the conclusion of the contract.

Are all obligations fulfilled by the parties involved?

Despite having a contract in place, there will be times when a party fails to fulfill his/her obligations and breaches the agreement.

This can cause substantial damages for you and other parties that are injured by the “breacher’s” actions.

On the other hand,  a breach by one party terminates the valid contract – which may release you from your contractual obligations.

How Breach of Contract Cases are Reviewed

In Florida, the courts have established a clear standard of review for breach of contract cases.

Three elements must be satisfied to prove that a breach occurred and you are entitled to damages.

1. Valid Contract

First, you must prove that a valid contract exists. A written contract signed by all parties will likely satisfy this requirement.

If you are relying on a verbal contract, this element can be difficult (but not impossible) to prove.

2. Material Breach

Next, you have to show the court that the breach was major (material) and not minor.

In Sulkin v. All Florida Pain Management, Inc., the court said that failure to perform a minor part of a contractual duty cannot be classified as a material or vital breach.

3. Damages

To recover damages due to a contract breach, you must prove the damages were sustained as a direct result of the breach.

There are many court cases in Florida that deal with broken contracts and damages. 

If your company has been injured by another party’s breach, contact our contract lawyers to discuss how you can recover the damages you sustained.

Give us a call at (954) 779-7009 or email our attorneys directly.

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Posted in breach of contract, Florida, Fort Lauderdale | 1 Comment »

Florida Condo Association Sues for Breach of Contract

June 19th, 2010

By Mark Schecter | No Comments »

Tiara Condominium Association is involved in a lawsuit filed against its insurance broker, Marsh & McLennan Companies, Inc.

The association which manages the Tiara condominium tower in Palm Beach County is suing Marsh alleging that the broker failed to secure an adequate insurance policy to cover damages to the condo tower.

Case Background

Tiara hired Marsh to obtain an insurance policy to cover its entire building. In 2004, a policy was purchased from Citizens Insurance Company that offered a coverage limit of $50 million.

In September 2004, the condo tower sustained substantial damage as a result of two hurricanes – Frances and Jeanne. The damage from both hurricanes exceeded the $50 million limits but the association claims it was verbally assured by Marsh that its insurance policy would cover $50 million for each hurricane disaster – a total of $100 million.

Tiara moved forward with repairs. It decided not to merely dry the tower out but eventually renovated the damaged areas. When done, the repair work exceeded $100 million.

Once the renovations were completed, Tiara sought reimbursement of $100 million from the insurance company – $50 million per hurricane occurrence – to cover the repairs. Citizens denied Tiara’s request stating that the policy purchased in 2004 provided a $50 million limit and nothing more.

Tiara filed a lawsuit against Citizens for its damages and eventually reached a settlement with the insurer of $89 million, a portion of the renovations costs.

The association, under the contention that Marsh’s negligence caused the insufficient recovery from Citizens, next filed a lawsuit against Marsh for:

  • breach of contract;
  • negligent misrepresentation;
  • breach of the implied convenient of good faith and fair dealing;
  • negligence; and
  • breach of fiduciary duty

The condo association contends the insurance broker breached the contract with the association in two ways.

  1. He failed to procure a policy with adequate insurance coverage; and
  2. He breached an oral agreement to take responsibility for any damages incurred as a result of insufficient coverage

Upon review of the insurance policy (contract), the District Court found the language unclear as to “aggregate limits” versus per-occurrence limits. Thus, the terms of the contract was construed in favor of the insured (or broker) and against the insurer (Citizens) that prepared the contract. First Specialty Ins. Co. vs. Caliber One Indem. Co., 988 So. 2d. 708, 712 (Fla. Dist. Ct. App. 2008).

As for the second breach of contract claim, the court has previously established that a breach of oral contract arises when the parties mutually assented to a definite proposition and left no essential terms open. Rubenstein vs. Primedica Healthcare, Inc., 755 So. 2d. 746, 748 (Fla. Dist. Crt. App. 2000).

In this case, the court did not find any evidence that the oral agreement between the parties extended beyond the written policy agreement.

In fact, the parties could not agree on the nature of the oral agreement.

Are you dealing with a similar contract law issue? Contact us! Our attorneys are highly skilled in handling breach of contract cases for businesses and corporations of all sizes.

You can use this form to email us or give us a call at (954) 779-7009.

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Posted in breach of contract, business, small business, South Florida | No Comments »

4 Questions to Answer about your Contract Action

May 19th, 2010

By Mark Schecter | 1 Comment »

To sustain a legal action for breach of contract in Florida, you must first prove you have an actionable case.

The courts in the Sunshine State have long held that there are elements that must be satisfied for you to sue for a broken contract or agreement.

Ask yourself these 4 questions to see if your case meets the standard:

1. Is there a legally-binding contract in place?

To bring a legal action, you must first prove that a valid and enforceable contract existed between the parties. This requirement is easier to satisfy when the agreement is in writing.

If you do not have a written contract of any kind, you will need to prove that the parties entered into a verbal agreement. This, although possible, is more difficult to do.

2. Did you perform as agreed?

Before you sue another party for breaching a contract, let’s first confirm that you fulfilled your obligations. Is there anything you agreed to do but did not?

3. Was the contract breached?

You have established a contract was in place and that you kept your end of the bargain. Now, you must prove that a breach actually occurred.

Show the court that the other party failed to perform, left his/her contractual obligations unfulfilled, or performed in an unsatisfactory manner.

4. Did you sustain damages due to the breach?

This last element is just as important as the first. A contract can be breached but if it did not result in damages, you may not satisfy this requirement.

You must prove that you sustained monetary, emotional or other damages due to the other party’s actions.

If you are dealing with a broken business agreement, and you can answer YES to the 4 questions above, contact our Fort Lauderdale contract lawyers today. Call 954-779-7009 or click here to email.

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Posted in breach of contract, business, Fort Lauderdale, South Florida | 1 Comment »

South Florida Business News: Week Ending April 24

April 24th, 2010

By Mark Schecter | No Comments »

newspaper

Broward County Sheriff’s Department to Lay Off Employees

We have reported on Florida’s unemployment rate before on this blog.

Broward County Sheriff’s Department is next in line to lay off employees. The department will begin sending layoff notices to its employees next week. And, the layoffs will take effect on July 30, 2010.

Read more here…

Florida May Get Traffic Light Cameras

There are several states across the US that have passed laws authorizing the use of traffic light cameras. The Florida House recently voted on a bill that will allow Florida to install traffic lights at intersections.

The bill was written in memory of Mark Wandall, a married 30 year old that was killed in 2003 after a driver ran a red light.

The bill must now go to the Senate and may be voted on as early as next week.

Read more here…

Cleveland Clinic Florida Plans to Expand West Palm Beach Offices

While layoffs are inevitable for some in Florida’s public and private sectors, it is great to report on expansions and hires as we hear of them.

Cleveland Clinic Florida, the non-profit health system that reported increases in revenue in 2008 and 2009, is planning to expand its West Palm Beach offices.

“In May, Cleveland Clinic plans to start construction on a 9,750-square-foot expansion of its offices in West Palm Beach’s CityPlace Tower. It occupies 16,840 square feet and has 45 employees there. The expansion will include 20 more employees, with added space for internal medicine, pulmonary medicine, sports medicine and diagnostic testing.”

Read more here…

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Posted in business, In the News, South Florida | No Comments »

Should you Hire a Business Lawyer?

January 26th, 2010

By Mark Schecter | 1 Comment »

If you are serious about growing, sustaining and protecting your company, it may be a good idea to consider hiring a business lawyer so you can do business in a more effective and less risky manner.  Without a valid contract, the parties are left disputing verbal agreements and unknown intentions.

Whether your company is involved in the exchange of goods or is service-based, it is built on relationships, agreements and contracts you’ve entered into with others. In some cases, the growth and sustainability of a company is contingent on the terms and validity of said agreements.

Benefits of Hiring a Business Lawyer

When you do business with valid contracts, you reduce the likelihood of having to engage in nasty legal disputes. The less your company spends on initiating or defending contracts, the more you will save on your legal expenses.

Business lawyers are equipped with the legal knowledge and expertise that is required to review, interpret and enforce an existing contract, or create a legally binding agreement that clearly expresses the intent of all parties.

On a daily basis, your business lawyer can handle much more than business contracts. He/she can also make sure your company remains in compliance with the law, and provide other legal services that are essential to the operation of your business.

3 Factors to Consider before you Hire a Business Lawyer

An effective business lawyer can provide legal support throughout all phases of your business; from the initial start-up phase to the resolution of litigation matters. Here are a couple of factors to consider when choosing a lawyer:

1.    Length and Type of Experience

Before you hire a lawyer, there are a couple of steps you should take. First, you should evaluate the lawyer’s experience. Inquire about the length of time they have been practicing law, and also determine if they have experience practicing business law. Have they represented companies similar to yours? Do they provide the legal services you need?

If you are in an industry where legal disputes and lawsuits are common, you may want to consider hiring a tenacious lawyer that specializes in litigation. If you are in the beginning stages of your business, you may benefit from the help of a business start-up and organization lawyer.

2.    Communication Skills

The most effective lawyers are great communicators. And in many instances, you can assess a lawyer’s communication skills from the initial point of contact, before you retain their services. While you’re in search of a business lawyer, it is important that you observe his/her behavior during the pre and post consultation stages. Does the lawyer return your telephone calls and respond to your emails in a timely manner? Did he/she follow up with you after the consultation?

3.    State Bar Association and Peer Reviews

Every state has a local bar association that monitors the lawyers practicing law within the state.
You can contact the bar to inquire about complaints and disciplinary actions involving the lawyer.

It is also a good idea to review what peers are saying about him/her before you decide to retain their services. There are websites like Martindale-Hubbell and Lawyers.com that provide peer review ratings for lawyers throughout the US. Take a moment to review what others are saying before you decide which lawyer is the best fit for your business.

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Posted in business | 1 Comment »

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?

Grab a complimentary copy of our digital guide – Business Contracts Basics: What Every Florida Business Owner Must Know About Contracts.

Simply enter your full name and primary email address, click the “Send my Guide!” button below, and check your inbox for access to your guide right away.

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Posted in breach of contract, business, contract law | 4 Comments »