Category Archives: Business Law
Arbitration Clauses Should be Broad
If you enter into construction contracts, you may have or want to enforce arbitration provisions in your construction contracts. But how broad are arbitration provisions? Do they cover all claims that arise between a builder and other parties, or only the kinds of claims specified in the construction contract? Builder Tries to Enforce Arbitration… Read More »
Attorney Brendan A. Sweeney of Sweeney Law, P.A. Featured in the October Edition of the Broward County Bar Barrister – Florida Commercial Leases and the Effects of Force Majeure Clauses in the Era of COVID-19
Our country is experiencing one of the most unprecedented events in modern history. Businesses throughout the country and Florida are feeling the economic impacts as governmental regulations, aimed at curbing the spread of COVID-19, have made it difficult to continue normal operations. This economic turmoil has business owners asking one common question: “If my… Read More »
Florida Court Apportions Liability in Dock Construction Injury Case
Construction accident cases often involve claims of liability alleged against owners, contractors, and subcontractors. Recently, in a case brought by an individual who was injured walking on the edge of an unfinished dock that was under construction, a Florida District Court of Appeal was called on to apportion liability among these parties. What Happened… Read More »
Which Businesses are Booming Through the COVID-19 Pandemic?
Since the first cases of the coronavirus were discovered in the United States, the COVID-19 pandemic has wrought havoc on many businesses. Over the past several months, negative effects of business slowdowns and shutdowns have affected many South Florida businesses, including restaurants, hotels, health clubs and gyms, and retail shops, among others. Not all… Read More »
Business Interruption Claims Due to the COVID-19 Pandemic
As the COVID-19 pandemic has spread across the United States, it has created new hurdles for many businesses and industries along the way. When, whether, and how to reopen businesses is one issue that has dominated news reports over the past few months. According to a recent analysis presented in the Insurance Journal, one… Read More »
Forum Selection Clauses in Contracts
Generally, business contracts (and other contracts) are drafted with an eye towards anticipating as many potential future concerns and considerations as possible, and providing for them. One concern or consideration that is often addressed in a contract is how and where future disputes between the parties will be resolved. Examples of contractual clauses that… Read More »
Online Tourism Sites and Tourist Development Taxes
The COVID-19 pandemic has posed significant challenges to the normal operations of countless businesses throughout the country and the world. Among the industries that have been particularly affected over the past several months is the tourism industry. Challenges have presented themselves in this industry at every level – globally, nationally, regionally, statewide and locally…. Read More »
Arbitration Clauses: Who Decides if the Dispute Goes to Arbitration?
Arbitration is one type of alternative dispute resolution process that may be used to resolve conflicts outside of litigation. Many types of contracts contain clauses that provide for arbitration in the event of a contractual dispute. Resolving a dispute by arbitration can have advantages and disadvantages. Among the advantages often associated with arbitration is… Read More »
The Hotel Industry: National and Statewide Effects of the Pandemic
The hospitality industry has been particularly hard hit economically in terms of job losses and furloughs that have resulted from the COVID-19 pandemic. At the national level, Fox Business reported this week that the number of jobs lost in the hospitality and leisure industry is more than seven and a half million. Based on… Read More »
COVID-19 Lawsuits – Liability Concerns
As businesses begin to resume operations in some parts of Florida and in other states across the nation, consumer health and safety concerns in light of COVID-19 are presenting new questions and posing new challenges. Among these questions and challenges is how litigation based on COVID-19 will be handled. According to a report in… Read More »
