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© 2019 by SAADE LAW

Commercial Litigation

In today’s fast-paced world, business contracts and deals happen every second, therefore,  disputes between businesses are inevitable. Litigation lawsuits can be costly, but the failure to protect the legal interests of your company can cost you much more in the long-run.
 
Commercial litigation involves disputes and lawsuits that arise in a business environment such as fraud, breach of contract, vendor disputes, partnerships clash, joint venture disputes or shareholder derivative actions. Some of the areas where commercial litigation works are:
 
  • Collections

  • Fraud

  • Breach of Contract and Contractual Litigation

  • Business Dissolution

  • Trade Secrets

  • Landlord-Tenant Litigation

  • Partnership and Shareholder Derivative Actions

  • Purchase and Sale Agreements

  • Temporary and Permanent Injunctions

  • Restrictive Covenants and Non-Compete Agreements

  • Mechanics' Liens

  • Real Estate Brokerage

  • Employment Litigation

  • Insurance Claim/Coverage Disputes

  • Premises Liability

  • Construction Defects

  • Partnership and Limited Liability Company Disputes

  • Misrepresentations connected with a real estate sale and purchase

  • Easement disputes

  • Adverse possession disputes

  • Water Rights

  • Negligence in construction, design and/or planning

  • Environmental and compliance issues in real property

  • Physical damage in commercial and residential real estate

  • Inverse Condemnation

  • Partition Actions

  • Florida Homestead Protection Actions

  • Wrongful conduct by Brokers and/or Real Estate Agent

Types Of Commercial Litigation

Real Estate

In Real Estate , it is imperative for all parties to thoroughly assess the truthfulness, accuracy, and viability of their Real Estate dealings, prior to executing any agreement or contract.

The Real Estate landscape is volatile, making prudent decisions today, turn into imprudent decisions tomorrow. 

 

As a result of the volatile nature of Real Estate, property owners, financial institutions, landlords, tenants and investors can and do file lawsuits. It is imperative for you to retain a legal team to determine the viability of your claims or the claims brought against you. 

Construction Litigation

No matter where you are, construction projects are fertile grounds for conflicts and disputes which often arise between the various parties involved in a construction project. Whether it’s a claim for defective materials used in dams or tunnels, disputes over bad construction of plants or buildings, or litigation over a collapsed building, regardless of your position in the dispute, you may have a legal right to file a lawsuit.  
 
In Florida, construction litigation lawsuits are very common. Most of the construction defects cases involve breaches of contract, construction defects and delays,  job abandonment disputes, bond claims, contract disputes, and workmanship claims.

Breach Of Contract

Under Florida law, a written contract is made when the following three elements are met: (1) An offer by a party to another; (2) the acceptance of the offer; and (3) consideration is exchanged between the parties.

 

A breach of contract occurs when one party in this contract fails to meet one or more of the aforementioned elements.
 
There are many types of breach of contract cases, which include: (1)failure to pay the due amount on time; (2) failure to deliver goods or services at the agreed time; (3) leaving the job unfinished after acceptance; and/or (4) providing inferior goods or services than those agreed upon.
 
In any such case, if you are harmed, you have a legal right to file a breach of contract lawsuit. 

Types Of Corporate Law

Operating Agreements

Under Florida law, it is not required for a limited liability company ("LLC") to have an operating agreement. Members of an LLC are free to run the business of the LLC as they see fit but are bound by the limitations and requirements of Florida Revised Limited Liability Company Act ("FRLLCA"). 


However, the default provisions of the FFRLLCA are, at times, vague and do not necessarily meet the needs of the members of an LLC. Hiring an attorney to draft an operating agreement that is specific to the purpose and needs of the LLC and its members, will promote and can sustain a successful business.

Contracts

A contract, in any form, is a legally binding agreement between two parties, to do or not to do a certain action or activity. Corporations sign contracts every day whether it’s a new partnership, new deal, new procurement or hiring a new employee. 
 
For any party, it is equally important to fully understand the terms and clauses mentioned in the contract before signing it. The terms that bind the parties can be confusing or may be written in the language of law which is not comprehensible to many people. Most contract disputes occur because of the misunderstanding and confusion between the parties. if you are in this situation, it is always wise to consult an attorney before signing any contract.