Question 1

Instead of Going to Court for Business Disputes

Accepted Answer

Your Business is Our Business Request Free Consultation *First Name *Last Name *Phone *E-Mail Address How can we help? Submit Request Property & Casualty Property & Casualty Insurance Bad Faith Insurance Litigation Auto Liability Fire Claim Flood/Water/Mold Sinkhole Claims Structural Defects Business & Corporate Litigation Business & Corporate Litigation Commercial Litigation Breach of Contract Family Law Family Law Alimony Divorce Property Division Timesharing & Parenting Plans Are there alternatives to going to court to resolve business disputes? Yes. Alternative dispute resolution is available through mediation and arbitration. Now the big difference between those and going to court is that both parties have to agree. In mediation, you will be in front of a mediator who will try to settle your lawsuit or disagreement by forming some sort of compromise. Arbitration on the other hand can exist in the form of a mini trial, where following certain arbitration rules, you’ll be able to present your case and the arbiters will make a decision as to what should happen. These decisions can either be binding or non-binding, dependent on whether or not the parties agreed to that beforehand. HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us

Question 2

Can I Sue Customers Who Defaulted on Payments?

Accepted Answer

Your Business is Our Business Request Free Consultation *First Name *Last Name *Phone *E-Mail Address How can we help? Submit Request Property & Casualty Property & Casualty Insurance Bad Faith Insurance Litigation Auto Liability Fire Claim Flood/Water/Mold Sinkhole Claims Structural Defects Business & Corporate Litigation Business & Corporate Litigation Commercial Litigation Breach of Contract Family Law Family Law Alimony Divorce Property Division Timesharing & Parenting Plans I have customers who defaulted on payment. Can I sue them? Yes. You absolutely can sue them. Default on payment would constitute a breach of contract. A breach of contract means that you had an agreement with these customers. They materially breached your agreement. Generally speaking, non-payment would constitute a material breach of a contract. And you were damaged by that breach. Again, if you were due money and you didn’t receive that money, that would constitute damages under a breach of contract action. HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us

Question 3

My Business Was Sued - What Do I Do?

Accepted Answer

Your Business is Our Business Request Free Consultation *First Name *Last Name *Phone *E-Mail Address How can we help? Submit Request Property & Casualty Property & Casualty Insurance Bad Faith Insurance Litigation Auto Liability Fire Claim Flood/Water/Mold Sinkhole Claims Structural Defects Business & Corporate Litigation Business & Corporate Litigation Commercial Litigation Breach of Contract Family Law Family Law Alimony Divorce Property Division Timesharing & Parenting Plans My business was sued. What do I do? When you’re sued, it initiates a lawsuit, and that means that you need to act soon. In Florida, generally you have 20 days to file an answer, or you could be defaulted. A default means that you waive your right to file an answer or defend yourself. The main thing to do is to act quickly. Also in Florida, most businesses need an attorney to represent them. Therefore, while if you yourself were personally sued, you could go to court on your behalf. However, if you’re a business, you may need an attorney to show up for you. There are certain exceptions that exist in a small claims court context, but you should certainly consult with an attorney on that matter to make sure one is not required. HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us

Question 4

What are the Elements of Fraud?

Accepted Answer

Your Business is Our Business Request Free Consultation *First Name *Last Name *Phone *E-Mail Address How can we help? Submit Request Property & Casualty Property & Casualty Insurance Bad Faith Insurance Litigation Auto Liability Fire Claim Flood/Water/Mold Sinkhole Claims Structural Defects Business & Corporate Litigation Business & Corporate Litigation Commercial Litigation Breach of Contract Family Law Family Law Alimony Divorce Property Division Timesharing & Parenting Plans What are the elements of fraud? The elements of fraud are it’s a false statement of material fact that you rely on to your detriment when the person making that statement knows in fact that the statement is false. This means generally, if you were to buy a car, let’s say, and they were to tell you this car has new brakes, you were to buy the car and get into a wreck because the brakes weren’t new, they would have committed fraud in telling you that. However, if they said this is the best car ever, that would be just a statement of opinion. And even if it wasn’t the best car ever, it wouldn’t be fraud. So the question is did they tell you a fact? Did you rely on that fact? And did you get damaged because of that fact? HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us

Question 5

What is a Breach of the Implied Covenant?

Accepted Answer

Your Business is Our Business Request Free Consultation *First Name *Last Name *Phone *E-Mail Address How can we help? Submit Request Property & Casualty Property & Casualty Insurance Bad Faith Insurance Litigation Auto Liability Fire Claim Flood/Water/Mold Sinkhole Claims Structural Defects Business & Corporate Litigation Business & Corporate Litigation Commercial Litigation Breach of Contract Family Law Family Law Alimony Divorce Property Division Timesharing & Parenting Plans What is a breach of the implied covenant? Every contract in Florida has an implied covenant of good faith and fair dealing in it. That means even if it isn’t in explicit terms saying you need to act in good faith, Florida law says you need to. This means that any ambiguity in the contract, if the contract says you have to do X, Florida law says you have to do X in good faith. In other words, you can’t look for tiny little loopholes or a way to mess around with the other party. Doing so could constitute a breach of that contract. HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us

Question 6

What is a Fiduciary Duty?

Accepted Answer

Your Business is Our Business Request Free Consultation *First Name *Last Name *Phone *E-Mail Address How can we help? Submit Request Property & Casualty Property & Casualty Insurance Bad Faith Insurance Litigation Auto Liability Fire Claim Flood/Water/Mold Sinkhole Claims Structural Defects Business & Corporate Litigation Business & Corporate Litigation Commercial Litigation Breach of Contract Family Law Family Law Alimony Divorce Property Division Timesharing & Parenting Plans What is a fiduciary duty? A fiduciary duty is an obligation which occurs when one party has a legal duty to act in the best interests of another. Usually we see them in partnerships. HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us

Question 7

What is an Apparent Agent?

Accepted Answer

Your Business is Our Business Request Free Consultation *First Name *Last Name *Phone *E-Mail Address How can we help? Submit Request Property & Casualty Property & Casualty Insurance Bad Faith Insurance Litigation Auto Liability Fire Claim Flood/Water/Mold Sinkhole Claims Structural Defects Business & Corporate Litigation Business & Corporate Litigation Commercial Litigation Breach of Contract Family Law Family Law Alimony Divorce Property Division Timesharing & Parenting Plans What is an apparent agent? An apparent agent is not an actual agent. Generally, an agent can go and bind the principal. For example as an attorney, I’m an agent. So, I can say, “I accept the deal or I don’t accept the deal on somebody else’s behalf.” I would be an actual agent. However, an apparent agent is somebody that just looks like, to the other party, to be the principal’s agent, even though they are not. The question of fact is, did the principal take any action to make the agent look like their agent? If the answer is yes, then that apparent agent can still bind the principal. HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us

Question 8

What is a non-compete clause?

Accepted Answer

Your Business is Our Business Request Free Consultation *First Name *Last Name *Phone *E-Mail Address How can we help? Submit Request Property & Casualty Property & Casualty Insurance Bad Faith Insurance Litigation Auto Liability Fire Claim Flood/Water/Mold Sinkhole Claims Structural Defects Business & Corporate Litigation Business & Corporate Litigation Commercial Litigation Breach of Contract Family Law Family Law Alimony Divorce Property Division Timesharing & Parenting Plans What is a non-compete clause? A non-compete clause is an agreement between an employer and an employee where the employee promises not to compete against the employer in his business for a period of time and in a certain area, usually a hundred miles within the business location, for example. However, the terms can be different based on whatever’s set out in the contract. HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us

Question 9

What is a Non-Soliciation Agreement?

Accepted Answer

Your Business is Our Business Request Free Consultation *First Name *Last Name *Phone *E-Mail Address How can we help? Submit Request Property & Casualty Property & Casualty Insurance Bad Faith Insurance Litigation Auto Liability Fire Claim Flood/Water/Mold Sinkhole Claims Structural Defects Business & Corporate Litigation Business & Corporate Litigation Commercial Litigation Breach of Contract Family Law Family Law Alimony Divorce Property Division Timesharing & Parenting Plans What is a non-solicitation agreement? A non-solicitation agreement is a contract which an employee has with an employer where they agree not to solicit the employers other customers once they are terminated. They can’t solicit for the benefit of themselves or for a competitor of the company. HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us

Question 10

What is a Shareholder Derivative Lawsuit?

Accepted Answer

Your Business is Our Business Request Free Consultation *First Name *Last Name *Phone *E-Mail Address How can we help? Submit Request Property & Casualty Property & Casualty Insurance Bad Faith Insurance Litigation Auto Liability Fire Claim Flood/Water/Mold Sinkhole Claims Structural Defects Business & Corporate Litigation Business & Corporate Litigation Commercial Litigation Breach of Contract Family Law Family Law Alimony Divorce Property Division Timesharing & Parenting Plans What is a shareholder derivative lawsuit? A shareholder derivative lawsuit is one that is brought by a shareholder against a third-party on behalf of the corporation. Usually it’s a lawsuit brought against one of the directors or executive officers of the corporation. The thing to note with a shareholder derivative lawsuit is that the corporation has to have standing to bring the lawsuit. HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us

Question 11

Damages Awarded in a Breach of Contract Lawsuit

Accepted Answer

Your Business is Our Business Request Free Consultation *First Name *Last Name *Phone *E-Mail Address How can we help? Submit Request Property & Casualty Property & Casualty Insurance Bad Faith Insurance Litigation Auto Liability Fire Claim Flood/Water/Mold Sinkhole Claims Structural Defects Business & Corporate Litigation Business & Corporate Litigation Commercial Litigation Breach of Contract Family Law Family Law Alimony Divorce Property Division Timesharing & Parenting Plans What kinds of damages can be awarded in a breach of contract lawsuit? In Florida, a breach of contract lawsuit seeks to put the damaged party back into the position they would’ve been in had the breach never occurred. With that in mind, there are two types of damages. There are compensatory damages and special damages. Compensatory damages are those damages that flow directly from the breach of contract. For example, if I offer to sell you 10,000 widgets and you offer to give me $10,000 in return, and I give you the 10,000 widgets and you don’t pay me the $10,000, compensatory damages would be that $10,000. Special damages are the extra damages that flow from that breach. For example, if you knew that I was going to use that $10,000 to pay my rent and my company was going to go out of business if you didn’t pay me that $10,000, I could be entitled to those additional special damages for losing my business, perhaps, based on your non-payment. However, there are certain elements required when proving special damages that you should consult an attorney about. HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us

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