Does your contract contain a liquidated damages provision that is enforceable?A liquidated damages provision fixes and makes certain the damages the parties agree to in the event of a breach. Such provisions provide certainty as to the damages to be paid where...
Contract Law
Material Suppliers Can Limit A Buyer’s Remedy
On behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Dec 2, 2013 | Construction Law, Contract Law, UCC, Warranties
THE LAW ALLOWS MATERIAL SUPPLIERS TO LIMIT A BUYER'S REMEDIES, BUT CAREFUL CONTRACT DRAFTING IS REQUIREDBy: Robert S. Tanner, Esq.Your Construction Law FirmTMBoth sellers and buyers of construction materials should have a keen interest in being aware of the common...
Are Additional Terms In A Supplier’s Invoices Part of The Agreement?
On behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Oct 16, 2013 | Construction Law, Contract Law, UCC
Detailed agreements often are not reached in the sales of goods. Frequently, such sales consist only of submitting a purchase order, receiving the goods, receiving an invoice, and then payment. So, when a dispute concerning the goods arises, a question may also arise...
Is That Your Product For Insurance Purposes?
On behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Sep 16, 2013 | Construction Law, Contract Law, Insurance Claims, Insurance Policies
Is That Really Your Product?By: Harry Malka, EsquireYour Construction Law FirmTMIn the recent case of Liberty Mut. Fire Ins. Co. v. MI Windows & Doors, Inc., 2D12-2793, 2013 WL 4734045 (Fla. 2d DCA, September 2013), the Court of Appeals for the Second District of...
Arbitration Considerations in Litigating Construction Disputes
On behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Aug 14, 2013 | Construction Law, Contract Law
Arbitration Considerations in Litigating Construction DisputesBy: Harry Malka, EsquireYour Construction Law FirmTMIt is very common for construction contracts to include an "arbitration provision." In essence, the arbitration provision in a clause in the contract that...
Overhead and Profit Must Be Included In Replacement Cost Coverage Payout
On behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Jul 29, 2013 | Construction Law, Contract Law, Insurance Claims, Insurance Policies
Overhead and Profit Must Be Included In Replacement Cost Policy PayoutBy: Ian T. Kravitz, EsquireYour Construction Law FirmTMIn Trinidad v. Florida Peninsula Insurance Company, (Florida Supreme Court, SC11-1643, July 3, 2013) the Florida Supreme Court took up the...
Concealed Conditions – Protecting Yourself
On behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Jul 25, 2013 | Construction Law, Contract Law
This article is part of a series of articles which are designed to identify several key clauses that every party to a construction contract should carefully review and understand prior to entering into a contract. This article will discuss "Concealed Conditions",...
It Is Business . . . It Is Not Personal
On behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Jun 6, 2013 | Construction Law, Contract Law
As Tom Hagen said to Sonny Corleone in the Godfather, it "is business, not personal." Words to live by. Often in our line of work, clients want their pound of flesh. They want to prove the other side wrong, and make them pay. We, as lawyers, do well from a financial...
But That Is Not What I Meant! Too Bad So Sad!
On behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | Jun 5, 2013 | Construction Law, Contract Law, Mutual Mistake
As we have written before, reformation, or correction of mistakes in a contract are not a legal right. While a court can order that a contract be rewritten to take into account some mistakes, the court's ability to do so is limited. The only sure fire way to be...
Is Your Business Protected Under Ever Changing Laws?
On behalf of Malka & Kravitz, P.A. - Your Construction Law Firm | May 29, 2013 | Construction Law, Contract Law, Insurance Claims, Insurance Policies
The law regularly changes, but often, business are not keeping up. Long standing practices that have worked for years may seem difficult to change, but failing to do so can be costly. Whether it is required language to be included within your contracts, or...
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