Business Law
What are Liquidated Damages?
Liquidated damages are a type of compensation that is awarded by a court to an injured party as a result of a
Eric Gros-Dubois May 26, 2021
Contract
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Contract
How Hard is it to get out of a Timeshare Contract?
Timeshares are some of the greatest ways to own a vacation home, but also sources of the greatest headaches in
Oscar Gomez December 22, 2020
Contract
Can I Move My Limited Liability Company (LLC) From One State to Another?
If you are operating a Limited Liability Company (LLC) in one state but want to move it permanently to another state, you may do so through a process called domestication. It is important to note that the state you are moving your LLC from and the state you are moving it to, must allow for domestication in order for you to validly transfer your business. Florida is among the states which allows for this process.
Eric Gros-Dubois November 3, 2020
Contract
What is the Florida Documentary Stamp Tax?
The Florida Documentary Stamp Tax is an excise tax that is enforced on certain documents that are executed, delivered, or recorded in the state. An excise tax is an indirect tax charged by the government on the sale of a particular good or service.
Eric Gros-Dubois October 28, 2020
Contract
What is a Fictitious Name or “DBA” in Florida?
Under Florida Statute §865.09, a fictitious name means any name under which a person transacts business in this state, other than the person’s legal name. This is also known as DBA, or “doing business as.”
Eric Gros-Dubois October 27, 2020
Business Law
The SBA Announces New, Simplified Loan Forgiveness Application
As of October 13, 2020, The Small Business Administration (SBA) recently announced a one-page loan forgiveness application for Paycheck Protection Program (PPP) loans under $50,000. This new application streamlines documentation requirements and does not require any complicated calculations as were required on prior versions of the form.
Eric Gros-Dubois October 13, 2020
Contract
What is the Florida Construction Defect Statute (FCDS)?
Due to the frequency of issues arising out of faulty construction, the Florida legislature has created an alternative method to resolve such disputes that would reduce the need for litigation while protecting the rights of property owners. Under the Florida Construction Defect Statute, a property owner or a condominium/homeowner’s association is required to send a written notice of claim to contractors, design professionals and/or developers to resolve alleged defects before resorting to further legal process.
Eric Gros-Dubois September 15, 2020
Contract
Can You Cancel Your Wedding During COVID-19?
The Wedding Industry is a 70+ billion-dollar industry. In light of COVID-19, the hospitality industry is suffering and facing uncertainty. Venues, vendors, and hotels are struggling to carry on or cancel the events. Meanwhile, engaged couples are unsure if their families will be able to travel safely or if there might be a way to host their events safely despite the circumstances.
Eric Gros-Dubois August 12, 2020
Civil Litigation
Unilateral Attorney’s Fees in Florida
In most contracts, there is a provision for attorney’s fees, sometimes called a prevailing party clause. This provision states that if legal action must be taken to enforce the contract, the prevailing party will get its attorney’s fees and costs paid by the losing party. Under Florida law, attorney’s fees are contractual or statutory, meaning that this provision must be included in contracts or statutes to be enforced. Because of this, it is important to include an attorney’s fees clause in any contract in Florida.
Eric Gros-Dubois July 16, 2020
Contract
What is a California Release in Florida?
Under California law, a “general release” of claims releases the parties from all mutual obligations and all known claims. The language of § 1542 notably states that a general release does not extend to unknown or suspected claims. This means that if one party violated an agreement, but the other party does not find out about the violation until after the agreement has been dissolved, the injured party can still bring a claim and file a lawsuit.
Eric Gros-Dubois June 9, 2020
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