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Miami Business & Commercial Law Blog

When litigation pushes a business to shut down

We have covered many different topics related to business litigation on this blog, but some are especially tough for business owners. There are many reasons why businesses are taken to court, from contract disputes to matters involving employment law (unpaid overtime, sexual harassment, discrimination, etc.). Sometimes, the penalties and other consequences associated with a lawsuit are so severe that they prompt a business to shut down. Whether you own a large corporation or small firm, litigation can be incredibly damaging with respect to your company's future and it is important to be prepared for the challenges that may lie ahead.

Litigation can be incredibly damaging in a variety of ways. Lawsuits can lead to hefty financial penalties, of course, but there are other ways in which litigation can adversely affect a business' future. For example, the good reputation of a business may be completely shattered as a direct result of litigation. Even if a business is able to achieve a favorable outcome in court, the damage of accusations alone can be very harmful to a company's reputation and adversely affect the amount of business they have in the future. Moreover, litigation can destroy relationships that are crucial, from staff members to business partners.

How can you create strong relationships with subcontractors?

Working with subcontractors is an excellent way to guarantee that you are using some of the best talent in Florida. You can draw on the strengths and proficiencies of others to perform impeccably in areas where you may need development. Creating strong relationships with the subcontractors you use is imperative to a successful outcome on any project. 

Failing to do your research on potential subcontractors could leave you in a debilitating predicament. Additionally, allowing any subcontractor to dictate your project may make it so the end result is far from what you had envisioned. From the get go, it is crucial that you invest time and resources into the relationship and make your expectations clear, so that you can begin building a long-lasting and successful relationship. 

How to Create a Legally Binding Contract

If you’re a business owner in Miami working on a contract, you no doubt realize the importance of ensuring it’s legally binding. In fact, the best way to prevent troublesome and potentially costly contract disputes down the line is to make certain the document is sound in the first place. The U.S. Small Business Association offers the following tips for business owners working on drafting a contract.

Contracts Must Contain Two Crucial Elements

What age should people begin estate planning?

In the United States, it is a sad fact that many people put off creating a trust and will until it is too late. One study conducted by the AARP found that as many as two out of every five Americans over the age of 45 do not have a will. However, it may work to many people's advantage to create a will well before the age of 45. 

You should seriously consider estate planning when you are still in your 20s. It may seem too early, particularly if you are in good health, but it is better to start too soon than too late. 

Understanding a commercial lease

Potential commercial lessees in Florida should be aware of the fact that unlike a residential lease, a commercial lease can be, and often is, quite lengthy and complex. In addition, as FindLaw explains, a commercial lease differs from a residential lease in that it contains numerous terms that the lessor and lessee negotiated.

Other differences include the following:

  • Commercial leases typically contain fewer protections for either the lessor or lessee because the law presumes that people engaged in commercial transactions have a higher degree of knowledge and experience when negotiating leases.
  • Commercial leases typically contain negotiable and varied terms.
  • Commercial leases typically last for several years.

When you need to make a surety bond claim

As a subcontractor, you have been relying on the contractor of your latest project to pay you for your work. If you do not receive the payment that the contract says you are due, though, you are not necessarily out of luck; you may still be able to hold the contractor accountable for the breached contract.

Filing a surety bond claim against the contractor could be the key to getting the money you have earned.

How can you resolve construction disputes?

In Florida, construction companies are often contracted to complete certain projects on public or private property. However, contract disputes may easily arise between any of the parties involved, potentially risking the project and your finances.

First of all, construction disputes will almost always arise from someone believing that the terms of a contract or project have been violated. This may happen either because the objective was not met, or if it wasn't satisfied in a way seemingly aligned with the contract. Delays on the contract, unsubstantiated claims, and a misunderstanding of contractual conditions can also play roles.

When a dispute arises over an engineering project

Disputes over an engineering project surface for all sorts of reasons. In some instances, disagreements are centered around design or a project's budget, while others may involve financing or delays.  In Miami, and cities across all of Florida, these disputes can be devastating for a company and must be handled cautiously. There may be certain legal options on the table and taking the right approach in court can make all the difference. Unfortunately, some of these disputes are even based on false allegations or misunderstandings but still result in serious consequences.

To some people, these disputes may not seem significant, but the consequences can be very damaging. Not only do disputes over engineering projects frequently result in financial hardships, but other problems may arise as well. For example, crucial business partnerships may be lost and finding new staff may be necessary. In some instances, the outcome of a dispute may be so serious that it pushes a company to shut down altogether.

Contract impasse leads to aerospace worker strike

Contracts between labor unions and employers can be quite complex due their scope. Given that they often impact a large number of people, most hope that when issues or disputes do arise that they can be resolved quickly. Few every look forward to the possibility of what may happen when they do not: a work stoppage. A strike can hinder both sides of a dispute, with those on strike having to deal with a loss of income while the companies they work for see their operations impacted. However, there may be times when disagreements over contractual terms are significant enough that such action is warranted. 

That is the claim being made by representatives of a labor union consisting of aerospace workers whose members walked out of their jobs from several locations (including the one locally here at Cape Canaveral). This action is the result of a dispute between the union and the launch service provider for whom its members work. Union representatives claim that in the company's most recent employment contract proposal, the workers' wishes to avoid unanticipated work travel as well as mandatory were not addressed, nor were the concerns that the company may be looking to replace them with subcontractors. The company, on the other hand, claims their offer to union members is competitive compared to the current labor market, so much so that they indicated they would not be willing to renegotiate. 

3 estate planning steps for newlyweds to follow

Marrying the love of your life is an exciting time. While there are plenty of preparations to make, you should not neglect the plans that are not so fun to think about. Shortly after marriage, both you and your spouse should see an attorney to create wills and other estate plans. 

People are never too young to make wills, but they should absolutely create or update these documents after major life events, such as marriage. Estate planning may seem stressful, but there are a few basic steps every newlywed should take: 

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