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Recent Posts

IF YOU WANT TO ARBITRATE, DON’T WAIVE YOUR RIGHTS TO DO SO

Posted on 12 June, 2022
I have said this before, but it is worth saying it again.  Arbitration is a creature of contract.  This means if you want your dispute to be decided by an arbitrator through a binding arbitration process, you need have a written arbitration agreement.  Such agreement is...

QUICK NOTE: PURCHASE-AND-SALE CONTRACTS AND THREE POINTERS

Posted on 5 June, 2022
When you enter into a purchase-and-sale contract for real estate, keep in mind that you can modify the contract to include terms particular to the transaction.  These modifications can be important if an issue arises such as if closing does not timely occur.  In a new case, discussed

MILLER ACT STATUTE OF LIMITATIONS AND EQUITABLE TOLLING

Posted on 4 June, 2022
When it comes to a Miller Act payment bond claim, there is a one-year statute of limitations—“The Miller Act contains a statute of limitations provision that requires actions to ‘be brought no later than one year after the day on which the last of the labor was performed...

QUICK NOTE: PHYSICAL LOSS OR DAMAGE UNDER PROPERTY INSURANCE POLICY = ACTUAL, TANGIBLE ALTERATION TO PROPERTY

Posted on 30 May, 2022
In one of Florida’s first appellate opinions dealing with business interruption losses and COVID-19, the appellate court found COVID-19 was not covered under the terms of the commercial property insurance policy to cover business interruption losses.  In this case, a restaurant/bar suffered losses due to emergency measures imposed by Miami Dade...

DOES THE UCC APPLY TO THE CONTRACT FOR THE SALE OF GOODS AND SERVICES

Posted on 29 May, 2022
What governs the transaction for the hybrid contract that includes both goods and services--the Uniform Commercial Code (UCC) or the common law?  A question that is asked in numerous disputes.  A good example is the recent case out of the Eleventh Circuit Court of Appeals, Wadley Crushed Stone Company, LLC v....