Tag: liquidated-damages

  • Florida Medicaid Providers Required to Pay a Minimum Wage of $15 by October 2022

    – The Florida governor signed the Freedom First budget on June 2, 2022, providing over $600 million in funding to increase the minimum wage for employees of Medicaid providers to at least $15 an hour. – Medicaid providers reimbursed under fee-for-service schedules are required to pay covered employees at least $15 per hour. – Nursing…

  • Unpaid Commissions and Bonuses: Florida Law FAQs

    1. In Florida, workers are entitled to unpaid commissions and bonuses under contract law. 2. Common commission disputes include payment of commission tails post-termination, recategorizing new accounts as house accounts, and reducing commission percentage after sales were made. 3. Bonus disputes often concern entitlement to bonuses post-termination and withholding of bonuses under a “for cause”…

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

    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…

  • Florida Court Rules that Construction Contract Clauses Are Unenforceable

    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,…

  • Navigating conflicts of interest in Florida Community Associations

    1. The Florida Condominium Act and the Florida HOA Act require association board members to disclose conflicts of interest. 2. If an association wants to enter into a contract with a board member or a business entity in which a board member has a financial interest, the board must follow certain procedures and disclosures. 3.…

  • “Consequences of Breaking a Contract in Florida”

    1. Florida law recognizes both express and implied contracts. 2. When a party breaches a contract, the non-breaching party has the right to sue for damages. 3. Damages can be compensatory or punitive in nature. 4. Compensatory damages include direct, consequential, liquidated, and incidental damages. 5. To recover damages, the non-breaching party must prove that…

  • Understanding Liquidated Damages in Contracts

    – 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,…

  • Florida Real Estate Market Report 2023: A Guide for High School Students

    1. People who exercise regularly have better mental health. 2. Consuming too much sugar can negatively impact cognitive function. 3. Regular meditation improves sleep quality. 4. Drinking coffee can provide a short-term boost in cognitive function. 5. Exposure to nature can reduce stress levels. – Increased vacant land development transactions in central Florida, particularly in…

  • “Understanding the Importance of Liquidated Damages in Construction”

    1. An owner can reinforce the completion date of a construction project through a liquidated damages provision, which includes a daily monetary rate for each day of delay. 2. The provision is designed to reasonably compensate the owner for delay to the completion date, and is easier to prove than actual damages. 3. The provision…

  • Legal Concepts in the COVID-19 Era: When Plans Go Awry

    – Commercial tenants seeking relief from paying rent due to pandemic-related downturns in business have turned to the equitable doctrines of frustration of purpose and impossibility. – The impossibility doctrine examines if the action to be performed in a contract was possible under the circumstances, while the frustration of purpose doctrine analyzes if the parties…