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Florida Contracts Questions & Answers
1 Answer | Asked in Business Law, Contracts and Civil Litigation for Florida on
Q: Can I claim damages for a former employee selling for competitor while employed?

I had a Project Manager/Sales Rep who resigned in December. We have evidence that they accepted a position with a competitor back in August and were promoting and selling our competitor's products to our current customers while still employed by us, receiving benefits and having expenses paid... View More

Erik A. Perez
Erik A. Perez
answered on Mar 17, 2025

You may have a claim for damages under a theory of tortious business interference. To establish a claim for tortious interference with a business relationship in Florida, a plaintiff must demonstrate the existence of a business relationship, the defendant's knowledge of that relationship,... View More

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Can I sue for unresolved flooring defects under warranty in FL?

In October 2024, I notified the company of a defective section of flooring in my house under warranty. The warranty covers repairs and replacements for one year. Despite numerous telephone conversations—eight in total, with the last on March 4, 2025, when the manager assured me that repair work... View More

Erik A. Perez
Erik A. Perez
answered on Mar 17, 2025

You may pursue a claim for construction defects and other causes of action that may apply. However, you must first comply with the pre-suit process under the statute which requires that a notice and opportunity to repair be provided to the contractor. Chapter 558 specifies "the notice of claim... View More

1 Answer | Asked in Construction Law, Arbitration / Mediation Law and Contracts for Florida on
Q: Advice needed on contractor breach and arbitration in a fixed-price renovation contract in Florida.

I have a fixed-price construction contract in Florida for a $78K renovation. We signed it several months ago, and permits were just obtained three weeks ago. Now, the contractor demands an additional $22K due to increased subcontractor costs and refuses to proceed unless I agree, despite the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 13, 2025

1. Does the contractor’s refusal to proceed at the fixed price constitute a material breach under Florida law? It may, as you mentioned the price is fixed. However, the contract may contain exclusions or exceptions. The terms of the contract would have to be reviewed.

2. What...
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1 Answer | Asked in Collections, Contracts and Real Estate Law for Florida on
Q: Can a debt be settled by signing over a cashier's check?

I'm owed $30,000 by a friend, and she wants to sign over a cashier's check for the same amount to me, which she received from selling land. There is no contract between us regarding the debt. Can this be done legally, and are there any potential issues I should be aware of? No one else is... View More

Erik A. Perez
Erik A. Perez
answered on Mar 10, 2025

To be safe, I would recommend having a settlement agreement prepared and signed by the parties. Simply signing over the check leaves the situation open to ambiguity and interpretation. It is highly advisable to have a proper settlement agreement prepared, reviewed, and signed by the parties... View More

3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Erik A. Perez
Erik A. Perez
answered on Mar 10, 2025

It may, Florida Rule of Civil Procedure 1.530 allows for a new trial based on newly discovered evidence if it was discovered after the trial and could not have been discovered before the trial by the exercise of due diligence. However, you need to move quickly. The time limit for filing a motion... View More

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3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

To add to my prior answer to this inquiry, I just noticed that you put "white collar crime" as one of your inquiry categories, but I had assumed you were talking about a civil case, not criminal - and I see that another lawyer assumed that as well. Everything I stated in my prior answer... View More

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3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

Your inquiry is a bit vague because you say that DESPITE the forgery, the court decision was against you, then say you have new evidence, not indicating whether that evidence is connected to proving the forgery, beyond the proof of the forgery you already presented. In any event, your first issue... View More

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1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Actions for incomplete cleaning job in Florida without contract.

I hired someone to clean my house in Florida without a formal contract. They did not finish cleaning the walls and kitchen, and I paid them $150. We agreed verbally that the work would be completed in one day. I have reached out to them for a response regarding completing the work or providing a... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 8, 2025

You did have a contract - a verbal one. You indicated that the cleaner did a portion of the job, leaving another portion not done. You have the right to claim at least a partial refund based on the approximate percentage of the work that was not done. If refused, you could sue in small claims... View More

1 Answer | Asked in Contracts and Small Claims for Florida on
Q: Is trading merchandise without approval a breach of contract?

I have a contract through DocuSign with someone I invested $7,000 with in December 2023 for a consignment agreement that included a 50/50 profit split. Instead of selling the merchandise, this person traded it without my approval, potentially breaching the contract. I have repeatedly contacted him... View More

Erik A. Perez
Erik A. Perez
answered on Mar 7, 2025

Potentially yes to both. It depends on the terms of the contract. If there is a specific action he was supposed to take or not take under the terms of the contract it could be a material breach and he may be liable for the damages you have suffered as a result of the action. Small claims includes... View More

3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Amendment of complaint in civil suit and agreement with opposing attorney

I am representing myself pro se in a civil suit in which I was granted permission by the court to amend my complaint once, without prejudice. I filed the amended complaint with changes, including removing certain content and adding more evidence as per the opposing attorney's requests.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 6, 2025

You should seek permission from the court to file a second amended complaint. No, you should absolutely not include a statement as you suggest. You are responsible for drafting a complaint that survives a motion to dismiss. You must allege the ultimate facts, or elements, that comprise a good cause... View More

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3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Amendment of complaint in civil suit and agreement with opposing attorney

I am representing myself pro se in a civil suit in which I was granted permission by the court to amend my complaint once, without prejudice. I filed the amended complaint with changes, including removing certain content and adding more evidence as per the opposing attorney's requests.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 6, 2025

Generally, the courts will allow more than one amendment but you need the court's permission to amend. You cannot just file another amended complaint.

This website is for general questions and answers and we cannot advise you how to litigate because we do not know your case and cannot...
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3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Amendment of complaint in civil suit and agreement with opposing attorney

I am representing myself pro se in a civil suit in which I was granted permission by the court to amend my complaint once, without prejudice. I filed the amended complaint with changes, including removing certain content and adding more evidence as per the opposing attorney's requests.... View More

Erik A. Perez
Erik A. Perez
answered on Mar 6, 2025

You can amend once as a matter of right under Florida Rule 1.190, however, you may seek leave to amend from the court which is freely given under most circumstances. Thus, there is technically no limit to the amount of times you may amend. I would not worry if it is only the 2nd time. I've... View More

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1 Answer | Asked in Contracts, Business Law and Civil Litigation for Florida on
Q: Options to sue for breach of contract in Florida for undelivered online business results

I entered into a contract with an individual in Florida through a LLC for an online business, with the promise to deliver results—including making my investment back—in 2022 and 2023. Despite paying in excess of $10,000, these results were never met. I have consistently communicated with them... View More

Erik A. Perez
Erik A. Perez
answered on Mar 5, 2025

If the company is a Florida LLC and there is no dispute resolution clause or forum selection clause, then you may sue in Florida County Court (over $8k but under $50k in damages). I have represented clients in similar situations and the Defendant is often a "fly by night" coaching course... View More

1 Answer | Asked in Divorce, Family Law and Contracts for Florida on
Q: Can I terminate alimony if ex-spouse is working full-time?

I was divorced by mutual agreement in October 2023 and agreed to pay alimony for three years. I am also responsible for all marital debt since I signed all the loans, including a $10,000 consolidation loan, resulting in an extra $150 monthly payment. The alimony agreement doesn't specify... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 3, 2025

Generally speaking, alimony os modifiable unless your agreement says otherwise. Yes, you can file a modification without an attorney. You need to compare the income numbers that were used to calculate the original alimony award versus what the income numbers are now to see if you have a valid... View More

1 Answer | Asked in Estate Planning and Contracts for Florida on
Q: Am I responsible for my mother's credit card debt as POA?

I am the Power of Attorney (POA) for my living mother, who has a will without any specific clauses addressing her debts. She has credit card debt that I am concerned about. I have not signed anything, nor am I a co-signer on her credit cards, but I am on her checking account. Am I personally... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 2, 2025

No, if you did not cosign to be responsible you are not liable for her debts. If anything were to happen to your mom and she became deceased, her estate would be responsible for any debts in a probate, if there is a probate, you still would not have any responsibility. In many instances, if there... View More

1 Answer | Asked in Contracts, Car Accidents and Civil Litigation for Florida on
Q: What to do if a settlement is not honored after an accident?

I was involved in an accident where someone hit me, and we decided to settle the matter without involving the police. We agreed that the other party would cover the cost of the repairs. There was no written agreement, but we communicated through text messages. They initially gave me $500, but after... View More

Tim Akpinar
Tim Akpinar
answered on Mar 1, 2025

A Florida attorney could advise best, but your question remains open for over a week. This is common in settings where people agree to handle matters over a handshake, often with the best of intentions. The usual options are small claims or civil court, where parties sometimes represent themselves,... View More

1 Answer | Asked in Contracts and Environmental for Florida on
Q: Purchase Agreement Lacks Execution Date: Force Execution or Seek Release of Contract with Pending Permit?

I am the seller in a purchase agreement that was signed over a year ago, but it lacks an execution date. According to the agreement, the Inspection Period ends 210 days from the Effective Date or upon the buyer's receipt of a wetlands disturbance permit from the Florida Department of... View More

Erik A. Perez
Erik A. Perez
answered on Feb 27, 2025

The law generally provides that if a contract does not have a time frame, it is considered an "at will contract." Thus, you may be able to terminate the contract, however, we would have to review the terms of the contract to verify that is an option. Ultimately, the parties should likely... View More

2 Answers | Asked in Contracts, Civil Litigation and Personal Injury for Florida on
Q: Can I recover $77,000 given to son and daughter-in-law without an agreement?

I live with my son and daughter-in-law, and before moving in, they asked me for $50,000. I also paid an additional $27,000 for remodeling a suite. I was not thinking clearly due to illness at the time, and there was no agreement in place regarding repayment. Since September 2022, the situation has... View More

Erik A. Perez
Erik A. Perez
answered on Feb 27, 2025

You may be able to assert a claim for what is known as "unjust enrichment." Depending on the specifics of circumstances and what lead to you giving them the money, there may be other claims as well. Often times, in these situations, the other party is not going to simply pay. You will... View More

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2 Answers | Asked in Contracts, Civil Litigation and Personal Injury for Florida on
Q: Can I recover $77,000 given to son and daughter-in-law without an agreement?

I live with my son and daughter-in-law, and before moving in, they asked me for $50,000. I also paid an additional $27,000 for remodeling a suite. I was not thinking clearly due to illness at the time, and there was no agreement in place regarding repayment. Since September 2022, the situation has... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2025

That depends on various factors, including mutual intent and expectations of the parties at the time the payments were made, whether expectations were fully or partially met, and benefits/detriments to the parties. In your situation, you cannot obtain reliable legal advice by only asking questions... View More

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1 Answer | Asked in Landlord - Tenant, Consumer Law and Contracts for Florida on
Q: Can I break my lease over a missing fence they promised?

I leased a house that was advertised as having a fenced backyard and allowing pets. When I visited, the fence was there, but it was gone when I moved in. I've been using a temporary fence for two years, but now the leasing company removed it, saying it's a violation. They only acted when... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 26, 2025

In a word, no, not without penalty. Your lease doesn't require a fence. The fact the fence was there doesn't mean the owner is required to keep it up. It was either illegal or in such disrepair that the owner decided to remove it. Read your lease for a termination clause, or leave when... View More

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