In an ideal world, parties would have written contracts.  In reality, parties should endeavor to ensure every transaction they enter into is memorialized in a written contract.  This should not be disputed.  Of course, written contracts are not always the case. Parties enter transactions too often whereby the...

Mandatory forum (venue) selection provisions are generally construed in favor of enforceability.  Parties agreed to the forum for disputes so why not enforce them, right?  A recent federal district court case out of the Eastern District of Louisiana exemplifies an exception grounded in judicial economy which...

If you need more of a reason to have contracts with clear and definite terms, this case is it. This case exemplifies what can happen if the contract, not only does not have clear and definite terms, but contains a patent ambiguity.  The contract will be...

A recent appellate opinion starts off, “This is a typical South Florida construction dispute.”  (See case citation at the bottom) Let’s see, is it?  No. It's a garden variety payment dispute where the parties did NOT have a binding contract.  Why? That's for a different day (because the smart practice...

Designating and admitting experts is a vital component of any construction dispute.  Many construction disputes require experts.  Many construction disputes can only be won with the role of an expert. Thus, experts and construction disputes go hand-in-hand. No doubt about it!  Time needs to be spent on developing...