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Widerman Malek Law Blog

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:

What Do I Do if My Condo Was Damaged By Hurricane Matthew?

Are you the owner of a condominium that suffered damage from the recent hurricane? It is frustrating when the condominium association points the finger at the insurance company and the insurance company points back at the condominium association. Or maybe they are both pointing the finger at you. Meanwhile, your unit was damaged, it was […]

Paying the Debt of Another

Paying the Debt of Another

A question arose not too long ago about whether paying the debt of another would require continued payments. In other words if company A pays company B’s existing creditor for one month, or even several months, does company B now have an obligation to continue paying company A’s creditor? If company B does have an obligation, then the creditor can likely come after company B for company A’s debt should both companies fail to make a payment.

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