Is your agreement binding and enforceable?

Is your agreement binding and enforceable?

Is your agreement binding and enforceable?

One question that has to be answered in nearly every breach of contract case is was there a contract or was there an agreement? Although this sounds simple enough, and often times it is, there are several different types of agreements and in Florida, there are several ways to make an agreement, modify an agreement, or make a counter-offer and you may not even realize you have done it. Black’s Law Dictionary has several definitions for a contract, and lists numerous types of contracts, but the basic definition is “[a]n agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.”

Construction Liens, Landlords, and Tenants

Construction Liens, Landlords, and Tenants

A landlord can be liable for a construction lien (or mechanics’ liens) if the landlord fails to take proper precautions or fails to timely respond to a contractor or other lienor. An “owner” must sign the notice of commencement for construction or improvements to begin on a premises.

What is a Certificate of Occupancy and do you need one?

What is a Certificate of Occupancy?

A certificate of occupancy or CO in theory is very simple. It is the approval from the local jurisdiction that allows anyone other than construction workers, engineers, etc. to occupy the structure, with some exceptions that this article does not address, such as for industrial structures and projects. This sounds simple enough, but in order to receive a CO, the structure is typically required to be nearly finished, but not necessarily completely finished. It is often times the point at which substantial completion occurs, but case law is clear that they are not necessarily the same and in fact, receiving a CO is certainly strong evidence that substantial completion has occurred, but not necessarily the only evidence needed. For further information about substantial completion, visit my blog on substantial completion.

By: J. Mason Williams IV It can be difficult to determine what type of monetary damages, if any, a party is entitled to in a breach of contract case.  Even if you determine the type of damages, it can be even more difficult to prove the amount as evidenced in a recent case in Hillsborough […]

Will a Tenant get their security deposit?

By: J. Mason Williams IV I have been asked several times whether a person can get their security deposit back.  Often times, they tell me that they cleaned everything up and the landlord still won’t give them their deposit back.  Why not and what can I do?   Well, first you have to review your […]

What are the odds a case is going to trial?

Before starting my legal career, I often wondered how many civil cases actually go to trial.  I knew the number was small, but how many actually end up in trial.  Why is the number so small?  Is it just costs?  For the ones that do make it to trial, are they mostly bench trials (decided […]

Substantial Completion: When exactly does it occur?

Substantial Completion When an owner decides to build something, he or she usually decides that he or she wants it completely finished, okay the owner always wants it completely finished.  But is the owner guaranteed that?  Probably not.  Now does that mean a contractor can walk away from a job after placing the concrete building […]

Admissibility of Business Records

By: J. Mason Williams IV Most law students and attorneys seem to either have little or no problem with evidence or they absolutely hate it, most probably fall in the latter group.  If I have a document that I want to use as evidence, why can’t I?  Evidence rules often seem tedious and unnecessary, but nonetheless, […]

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