Florida Business Lawyers Blog

In the creation of any commercial contract, there are certain goals you want to accomplish. What is true in most all commercial contracts is that you want an agreement that is completely clear, and where your rights and obligations are unambiguously laid out in “black and white.” Even after you’ve done that, though, you may still have to fight to get the benefit of the bargain that you negotiated and signed. When that happens, be sure to reach out an experienced South Florida commercial litigation attorney about the specifics of your situation.

Why does having a clear and unmistakable agreement matter so much? One reason is that having a contract that is devoid of any vagueness or ambiguity may alter the landscape of your litigation in your favor should your contract partner sue you for breach. As an example, consider the case between a multinational hospitality corporation and an entity that provided corporate registered agent services along with document retrieval and delivery services.

Reportedly, the contract between the two sides said that either one could terminate the contract, with or without cause, without liability, and could do so at any point during the initial term or during any renewal term, as long the canceling party provided written notice within a certain timeframe. The contract’s initial duration was seven years.

Arbitration clauses can be very important parts of commercial contracts. As with any contract clause, one of the keys is understanding exactly what situations the clause covers and what situations it doesn’t. Florida law says that “no party may be forced to submit a dispute to arbitration that the party did not intend and agree to arbitrate.” In other words, there must be a clearly enforceable arbitration clause and it must clearly cover the dispute at issue, or else there is no right to seek compulsory arbitration. Without question, whether you are seeking to enforce an arbitration clause or seeking bypass it and proceed in court, it pays to have the skill and knowledge of an experienced South Florida commercial litigation attorney on your side.

A dispute over the construction of an apartment complex was a good example of how this analysis works. In late 2006, a Tennessee-based construction firm inked a deal to construct an apartment complex for seniors in Titusville. The agreement was spelled out across two documents – a primary contract and a supplemental conditions document.

Not happy with the construction work, the complex sued the construction firm for breach of contract. The construction firm asked the court to dismiss or stay the litigation action. According to the construction firm, the agreement called for alternative dispute resolution of claims like the one lodged by the complex. Specifically, the agreement required that the parties mediate and, if that failed, undergo arbitration of the claims.

The ever-increasing threat of the coronavirus (COVID-19) pandemic has driven consumers into a frenzy over common sanitation and disinfecting products, in addition to gloves, masks, and other personal protective equipment. As a result, businesses that offer such products could see the increasing demand as an opportunity to augment their profit margins by charging higher prices. However, it is imperative that these businesses be fully informed of the consequences and liability that could result from this type of conduct, otherwise known as price gouging. Each state regulates price gouging differently, so businesses should be aware of the price gouging laws for each state in which they do business. This article will discuss in detail price gouging in the State of Florida.

On March 9, 2020, Florida Governor Ron DeSantis declared a state of emergency due to the spread of the coronavirus, triggering Florida’s Price Gouging Law, Section 501.160, Florida Statutes. According to Florida’s First District Court of Appeal, the Price Gouging Law was passed to prevent dramatic increases in the prices of certain essential commodities during certain periods of disaster. The Law prohibits unconscionable price increases, which it defines as a “gross disparity” between the average cost of the commodity 30 days prior to a declared state of emergency and the current price of the commodity. However, the Law exempts price increases attributable to “additional costs or regional, national or international market trends.” The essential commodities covered under Florida’s Price Gouging Law are constantly changing, so companies doing business in Florida must stay apprised of any modifications that could potentially affect their operations. At this time, the essential commodities covered under Florida’s Price Gouging Law are the following:

•Protective masks used to protect you from others if you are sick;