Category Archives: contract litigation
Forum Selection Dispute: Tim Hortons Franchisees Suing Parent Company Over Provision Forcing Contract Disputes Into a Miami Court
On May 3rd, 2018, The Star reported that Canadian fast food giant Tim Hortons is a facing a lawsuit from an organization representing a large group of American franchisees. According to the report, Great White North Franchisee Association (GWNFA), which filed the lawsuit, represents nearly half of all U.S.-based Tim Hortons franchisees. The dispute… Read More »
Non-Disclosure Agreements (NDAs): Four Important Contact Clauses
Businesses often need to protect their intellectual property, trade secrets, and unique commercial know-how. In some cases, employees or contractors are required to sign non-disclosure agreements (NDAs). While NDAs can certainly be enforceable in Florida, courts are known to view these agreements with some suspicion. On a fundamental level, an NDA or confidentiality agreement… Read More »
Should I Include an Arbitration Clause in My Business Contract?
With limited exceptions, courts in Florida will enforce mandatory arbitration clauses that are included within business contracts and consumer agreements. As courts defer to these provisions, it is imperative that you think very carefully before inserting or allowing such a provision into your business agreements. If your contract mandates arbitration, you will almost certainly… Read More »
Florida Construction Contract Law Has Been Amended to Address a ‘Gap’
Earlier this year, Florida law regarding construction contracts was amended in order to address a ‘gap’ in the state’s statutes. Specifically, the state legislature modified Florida Statute 95.11(3)(C) to clarify when the statute of limitations begins to ‘run’ in certain types of contract disputes. This amendment became necessary after the state’s Fifth District Court… Read More »
Florida Judge Rules Against Former College Basketball Coach in Contract Dispute
According to reporting from the Tallahassee Democrat, a circuit court judge located in Leon County, Florida, has ruled in favor of Florida A&M University (FAMU) in its contract dispute against its former head basketball coach Clemon Johnson. Mr. Johnson was fired by the University in early 2014 after serving as the school’s men’s basketball… Read More »
Florida Appeals Court Reaffirms Power of Forum Selection Clause in Contracts
On September 6th, 2017, Florida’s Third District Court of Appeal released a decision in the case of Inspired Capital, LLC v. Conde Nast. The underlying dispute in the case centered on the applicability of a forum selection clause that was contained within a licensing agreement. Upon review, the court upheld the lower court’s ruling… Read More »
Could an Email Be a Binding Contract?
When most people think of a contract, they are picturing something that requires hours or days of very careful negotiation, with people working hard to come up with precise language and terms. Yet, forming a contract is actually far easier than most people realize. In fact, you might even have formed a legally binding… Read More »
Contract Dispute: Florida Agency Attempting to Replace a Vendor at Sebastian Inlet
According to reporting from Florida Today, the Florida Department of Environmental Protection (FDEP) is attempting to remove a vendor (J&S Investment Properties LLC) over a contract dispute. The vendor operates a gift shop at Sebastian Inlet State Park, but the agency alleges that the private company has breached the contract, and now they are… Read More »
The Enforceability of Non-Solicitation Agreements in Florida
A non-solicitation agreement is a contract that prevents an employee from leveraging a company’s customers for their own benefit or the benefit of an industry competitor. Often, non-solicitation agreements are part of larger employment contracts that may also include provisions such as a non-compete agreement or a non-disclosure agreement. If your company is using… Read More »
Florida Developer Stuck Contract Dispute With the Tampa Housing Authority
According to reporting from The Ledger, Pinnacle Group Holdings, a Florida real estate development company has brought a breach of contract lawsuit against the Tampa Bay Housing Authority. Last summer, the city’s housing authority cancelled a $7.4 million contract it had with the developer. This occurred after Pinnacle Group Holdings had already put a… Read More »
