Tag: actual-damages

in Florida BAR article

In 2001, a law in Florida was changed to allow businesses to sue their competitors for unfair competition. Before that, the law was mainly used by consumers to get their money back from bad sellers. Now, it’s unclear what “actual damages” means for business competitors, and the courts are divided on the issue. So, it’s…

What are exemplary damages?

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in FAQ

Exemplary damages are awarded in addition to actual damages in certain circumstances. Exemplary damages are considered punishment and are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially harmful. Exemplary damages are normally not awarded in the context of a breach of contract claim.

Florida’s New Telemarketing Laws: What High Schoolers Need to Know

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– Florida has adopted its own version of the Telephone Consumer Protection Act, known as Florida’s Mini-TCPA, which is similar to the federal TCPA. – The changes to the Florida Do Not Call Act include the removal of existing call exemptions, the addition of a prior written consent requirement for marketing calls using an automated…

Changes to Florida Homeowners Construction Recovery Fund: What High School Students Need to Know

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– The Florida Homeowners Construction Recovery Fund (Recovery Fund) was created to help Florida homeowners who have been financially harmed by licensed contractors. – Homeowners seeking payment from the fund must be the owner of an owner-occupied residence, and the property must meet certain criteria. – The homeowner must have a final judgment, arbitration award,…

“Florida’s Updated Phone Solicitation Law Upheld in Court”

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1. The Florida Telephone Solicitation Act (FTSA) was amended in 2023 to provide more clarity and balance in protecting consumers and businesses. 2. The original FTSA led to a large number of consumer complaints and class action lawsuits due to its broad reach and lack of protections for businesses. 3. The 2023 amendments to the…

What is a Florida Letter of Protection?

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– A letter of protection (LOP) is an agreement between a patient and a medical provider, where the provider agrees to treat the patient without immediate payment, in anticipation of receiving payment from a lawsuit settlement or judgment. – LOPs are commonly used in Florida due to the 80% coverage of accident-related medical bills by…

Florida Court Rules that Construction Contract Clauses Are Unenforceable

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1. The court found that the no-damages-for-delay clause in the contract between Sarasota County and Southern Underground Industries, Inc. was enforceable, and the contractor was not entitled to additional compensation for the 71-day delay caused by the county’s stop-work order. 2. The court also found that the liquidated damages clause in the contract was enforceable,…

Key Facts About Florida’s Construction Laws for Real Estate Developers

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1. Developers must file a notice of commencement, record it in the public records, and post it on the job site before beginning work on a project. 2. Lienors must serve a notice of owner to the developer and all parties listed on the notice of commencement as a prerequisite to perfecting a lien. 3.…

Understanding Liquidated Damages in Contracts

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– Liquidated damages provisions are most applicable when damages are difficult to accurately project. – Courts are more likely to enforce liquidated damages provisions when breach of contract may have led to significant and potentially inaccurate damage estimations. – In cases where the breach may have led to a chain of losses, including lost profits,…

Understanding Florida’s Consumer Protection Law: FDUPTA Explained

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1. FDUTPA was created to simplify, clarify, and modernize laws for consumer protection, unfair competition, and unfair trade practices. 2. The act seeks to protect consumers and legitimate businesses from unfair and deceptive practices in trade and commerce. 3. FDUTPA aims to align state consumer protection laws with established federal policies. 4. FDUTPA protects a…

Florida Homeowners Construction Recovery Fund: What You Need to Know After a Disaster

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– The Recovery Fund was created to provide relief for Florida homeowners who have been harmed by licensed Division I contractors. – Claimants are eligible to seek recovery from the fund if they have exhausted the limits of any available bonds or insurance and have received a final judgment in a court of competent jurisdiction…

“Understanding the Importance of Liquidated Damages in Construction”

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