Breach of Contract Disputes

To prove the existence of a contract under Florida law, a plaintiff must plead: (1) offer; (2) acceptance; (3) consideration; and (4) sufficient specification of the essential terms. A breach of contract is a legal cause of action where the contract is not honored by a party to the agreement. A party filing a breach […]

Second District Quashes Order Discharging Claim of Lien and Lis Pendens

Premier Finishes, Inc. v. Maggirias, 2D13-1340 (Fla. 2d DCA 2013): In April 2011, Premier, under the fictitious name PFI Construction, entered into a contract with a family trust to build a house. In August 2012, Premier filed a complaint against Maggirias, the trustee. Premier alleged they had substantially completed performance pursuant to the contract when […]

Choice-of-Law Analysis in Litigation

A choice-of-law clause in a contract is a provision that designates the law that will govern any disputes between the contracting parties.  Including a choice-of-law clause in a contract where parties are located in different states, or even different countries, can minimize the uncertainty associated with any potential litigation with respect to the contract, and […]