ENFORCEABILITY OF RESTRICTIVE COVENANTS IN EMPLOYMENT AGREEMENTS
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Contracts that restrict or prohibit competition during or after the employment term are generally enforceable, so long as such contracts are reasonable in time, area, and line of business, and are in writing signed by the person against whom enforcement is sought. A party seeking […]
CONTRACTS DO NOT EXIST WITHOUT CONSIDERATION
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC There are three elements of an express contract – offer, acceptance and consideration. The case ofRekal Company, Inc. v. PGT Industries, Inc., 2013 WL 5487370 (M.D.Fla. 2013) examines the element of consideration. In Rekal Company, Inc., PGT Industries, Inc. (“PGT”) a manufacturer and distributer of […]
CONTRACTOR PERMITTED TO APPLY SUBCONTRACTOR’S INDEMNIFICATION PAYMENT TO SELF-INSURED RETENTION OBLIGATIONS UNDER ITS CGL POLICY
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC A self-insured retention (SIR) endorsement in a commercial general liability (CGL) insurance policy is an amount specified that the insured must pay before the insurance company pays under the policy. The case of Intervest Construction of Jax, Inc. v. General Fidelity Insurance Company, 2014 WL […]
THE INSURER’S DUTY TO DEFEND AND INDEMNIFY UNDER CGL POLICIES
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Commercial General Liability (“CGL”) policies are design to protect an insured against certain losses arising out of business operations. CGL policies generally provide that if the insured is sued for “bodily injury” or “property damage” occurring during an applicable policy period, the insurer will defend […]
TERMS OF PROFESSIONAL SERVICE CONTRACT CAN HEIGHTENED DESIGN PROFESSIONALS’ STANDARD OF CARE
By: Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC Under Florida Law, where an express provision in a professional service contract provides for a heightened standard of care, the professional must perform its services in accordance with the terms of the contract. Failure to perform the services under the contract pursuant to the heightened […]
MEASURING CONTRACT DAMAGES
By: Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC The purpose of damages is to restore an injured party to the same position that he would have been in had the other party not breached the contract. The concept of “first cost” has been employed to assure that the non-breaching party is not placed, […]
THE MEASURE OF CONTRACT DAMAGES
By: Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC Under Florida law, when suing for damages resulting from a breach of contract arising out of non-payment for work performed and where the contract is fully performed, the unpaid contract price is the measure of damages. Where the contract is substantially performed, the measure of […]
ARBITRATING THE LEGALITY OF A CONTRACT
By: Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC Arbitration is an alternative to litigation in the court system. There are pros and cons to both forms of dispute resolution. Arbitration can be a quicker and cheaper process though this is less the case in large complex disputes. Litigation allows for more thorough fact […]
THE GENERAL CONTRACTOR’S LICENSING REQUIREMENTS UNDER A “DESIGN-BUILD” CONTRACT
By: Richard E. Guttentag, Esq. and Alex Beck, Esq., Stearns, Roberts & Guttentag, LLC “Design-build” projects involve an integrated approach that delivers design and construction under one contract. Under a design-build contract, the owner enters into a single contract, usually with a general contractor (who in turn enters into a contract with an architect), rather […]
VENUE SELECTION CLAUSES IN FLORIDA CONSTRUCTION CONTRACTS
By: Richard E. Guttentag, Esq. and Alex Beck, Esq., Stearns, Roberts & Guttentag, LLC “Venue” refers to the geographical area or county where a lawsuit may be heard or tried. The parties to a contract may include a provision, known as a venue or forum selection clause, in a contract that establishes venue in a […]