South Florida Commercial Property Leasing Update

The South Florida Business Journal reported that over 3.6 million square feet of leases in South Florida commercial properties are set to expire over the next 12 months. Included in the 3.6 million square feet is 1.91 million for retail, 1.15 million for office, and 484,225 for industrial. South Florida is home to approximately 40% […]

What is a “Time is of the Essence” Clause

When a “time is of the essence” clause is contained in a real estate contract, the parties are required to perform certain obligations within a specified time. If a party’s obligation is not performed within the essential time, the non-performing party has defaulted. By defaulting, the other party is provided the opportunity to cancel the […]

The Fourth District Court of Appeal Affirmed an Order Denying Motion to Stay and Compel Arbitration

Marcus v. Florida Bagels, LLC, 4D12-2971 (Fla. 4th DCA 2013): This is a case where a non-party to an arbitration agreement, also known as a non-signatory, seeks to compel a party to an agreement to arbitrate. An obligation to arbitrate is based on consent, and for this reason a non-signatory to a contract containing an […]

The Fourth District Court of Appeal Reversed a Non-Final Order Denying Defendant’s Motion to Compel Arbitration

Heller v. Blue Aerospace, LLC, 4D12-992 (Fla. 4th DCA 2013): Zell Global (“Zell”) and Blue Aerospace (“Team Blue”) entered into a contract where Zell would render financial consulting services in connection with the potential sale of Team Blue’s assets or equity. Team Blue sold the majority of its assets but refused to pay Zell fees […]

Signing Without Reading – Not a Defense to Contract Enforcement in Florida

The general rule in Florida is clear – No party to a written contract in this State can defend against it's enforcement on the sole ground that he signed it without reading it. This rule was acknowledged and applied in Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. Benton, 467 So. 2d 311 (Fla. 5th […]

The Importance of Contract Language

The language used in a contract is what governs the relationship between the contracting parties. In a lawsuit, the court looks within the four corners of the contract to determine the rights and obligations of each party. Outside evidence can be used in limited circumstances, such as to explain particular terms of the contract. The […]