ABSENT AMBIGUITY PLAIN MEANING GOVERNS
Absent Ambiguity, Plain Meaning of Contract Language Controls By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC The best contracts clearly and unambiguously spell out the rights and responsibilities of the parties. Where contract language is susceptible of more than one interpretation, however, courts are charged with the responsibility of determining the intent of […]
ARBITRATION IS A MATTER OF CONTRACT
By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC Arbitration is an alternative to litigation in the court system. There are two sides to the arbitration v. litigation debate and there are pros and cons to both forms of dispute resolution. Arbitration can be a quicker and cheaper process though this is less the […]
UNDERSTANDING CONDITIONAL PAYMENT LANGUAGE – THE DREADED “PAY IF PAID”
By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC Most subcontractors have had the unfortunate experience of being on the wrong side of a “take it or leave it” offer from a contractor regarding the form of a subcontract. The reality of the construction industry is that contractors often hold the cards and subcontractors […]
FRAUD OR BREACH OF CONTRACT
By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC Unsatisfied parties to a contract most often bring claims for breach of contact. In certain limited circumstances, a claim for fraud may also be available to the aggrieved party. There are many reasons why a dissatisfied party to a contract may wish to bring a […]
I RELEASED WHAT?
I RELEASED WHAT? WORDS MATTER, BE CAREFUL WHAT YOU SIGN By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC There is perhaps nothing more common in Florida’s construction industry than the concept of providing a release in exchange for payment. Every day, contractors, subcontractors and suppliers execute releases in exchange for payment or in […]
TO ARBITRATE OR LITIGATE – THAT IS THE QUESTION
By Douglas J. Roberts, Esq. If you are scouring your written contract to determine whether you are going to have to litigate a case in court, or whether you’re bound by an arbitration clause, then chances are you have already missed your best opportunity to choose your preferred method of dispute resolution – – at […]
SCOPE OF ARBITRATION CLAUSE
Absent Ambiguity, Plain Meaning of Contract Language Controls By: Michael E. Stearns, Esq., Stearns, Roberts & Guttentag, LLC The best contracts clearly and unambiguously spell out the rights and responsibilities of the parties. Where contract language is susceptible of more than one interpretation, however, courts are charged with the responsibility of determining the intent of […]
FOURTH DISTRICT REAFFIRMS EICHLEAY RULE FOR HOME OFFICE OVERHEAD CLAIMS
By: Douglas Roberts, Esq. In Martin County v. Polivka Paving, Inc., 2010 WL 1881089 (Fla. 4th DCA 2010) the court reviewed the issue of whether a contractor on a government project could be awarded damages for home office overhead when a contract was delayed, but not entirely suspended by the government. Martin County (“County”) and […]
CONTRACTOR’S ALLEGED KNOWLEDGE OF SUBCONTRACTOR’S LACK OF LICENSE HELD NOT A DEFENSE TO BREACH OF CONTRACT CLAIM
By: Douglas J. Roberts, Esq. Where a contractor or subcontractor is unlicensed and enters into a contract, the contract is void and unenforceable by the unlicensed contractor. In Earth Trades, Inc. v. T&G Corporation, 2010 WL 3359412 (Fla. 5th DCA 2010), Earth Trades, a subcontractor, entered into a subcontract with T & G Corporation (T […]
READ THE FINE PRINT OR YOU MAY BECOME PERSONALLY LIABLE
By: Douglas J. Roberts, Esq. Generally, officers and directors of corporations are not personally liable for the corporation’s obligations under a contract. However, a party to contract negotiations seeking more assurance than the mere performance of a corporation may attempt to obtain a personal guarantee from the corporation’s principal that is signing the contract by […]