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Understanding Contract Recitals, Covenants, Representations, and Warranties

A contract is a binding agreement between parties, which can be enforced if one party fails to fulfill his promise. A contract may contain numerous sections and provisions, but not all of them are promises. So what are these provisions and what do they mean? Understanding contract recitals, covenants, representations, and warranties is essential to fully...

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Florida Contractor Breach of Contract

Our firm sees a lot of Florida contractor breach of contract cases. Most start with bad contracts. A contract that lacks a “Time is of the Essence” clause is typically a bad contract. Without one of these clauses, the contractor doesn’t actually have to finish the job on the “agreed” deadline. Contractors know this. So don’t leave a...

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Tort or Torte

Which one is the dessert your favorite aunt made last year? A tort or torte?  According to Black’s Law Dictionary, a tort is a legal wrong committed on a person or his property. Torte, on the other hand, is a delicious little layered cake. You usually hear about torts in the context of personal injury law (“Have you...

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Contract: Glossary of Terms

This is the first in a series of posts about contract terms to help you understand your business better. There are a massive number of terms used to talk about contracts in the legal world. Most of these terms are legalese, meaning they are only used among legal professionals. We’ll spend a few posts translating...

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3 Reasons to Customize Articles of Incorporation

Articles of Incorporation make up a document you file with a state when you start a business. It legally establishes the business and is required by statute. You don’t need Articles of Incorporation if you’re forming a Limited Liability Company (LLC). Instead, you would need articles of organization. You don’t need either type of articles if...

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What is a Breach of Contract in Florida?

A Breach of Contract in Florida is a common claim in civil litigation. In order to prove this claim, the following elements must be met: Plaintiff and defendant entered a valid contract; Defendant committed a material breach of the contract; and Plaintiff suffered damages caused by defendant’s breach. Therefore, in order to prove a claim...

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Attorney Boyer on Contracts and Lien Laws

Attorney Francis M. Boyer spoke at the Florida Groundwater Association’s Annual Conference on Friday, May 2, 2014. He spoke about contracts and lien laws for contractors, subcontractors and more. The presentation and Attorney Boyer received great feedback from the audience, and Attorney Boyer looks forward to attending the conference next year. If you need assistance...

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How to Avoid Foreign Homebuyer Fraud

How to Avoid Foreign Homebuyer Fraud: Most foreign property buyers have a legitimate interest in buying a property in the U.S. However, the increased number of scams in the real estate market from fraudulent out of state buyers have increased, causing title companies and real estate attorneys to lose time and money. How to Avoid...

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