Last year, BP filed an appeal over concerns regarding claimants using cash versus accrual accounting. We blogged about it here. BP was concerned about scenarios in which a contractor, for example, could buy $100,000 worth of materials in June for a project that was set to begin in November; if
A quiet title action is a lawsuit in which the plaintiff asks the court to declare that the plaintiff has sole legal title to a piece of property. In the lawsuit, the plaintiff should name any person or entity that might possibly have an ownership claim to the property as a defendant. Here are som
Introduction As you likely know, under the terms of the Settlement Agreement, Gulf Coast and Florida Keys businesses may have a compensable BP oil spill claim if they suffered losses during certain periods in 2010 when compared to prior years. More than one-third of all the claims filed are fr
What do you do if you signed a non-compete agreement with your employer in Florida and now want to go to work for a competitor of your employer? Many people believe that if an employer forces an employee to sign a non-compete agreement as a condition of employment, the agreement is unenforceable.
Background The "Economic Loss Rule" or “ELR” is a judicially created doctrine, which stands for the proposition that if there is a contract between two parties, then absent physical property damage or bodily injury, those parties rights to sue for things related to that contract are, in essence,
This is an overview of the actions that construction lienors and property owners should take to protect themselves in the event that lienors are not paid for improvements they made to the owner‘s property. Lienors Must Serve a “Notice to Owner” to Recover on a Claim of Lien Subcontractors, su
Many commercial landlords face a common but preventable problem: construction lien liability for tenant improvements. This issue comes up when the tenant voluntarily hires contractors to make improvements to the landlord’s property but fails to pay them in full. To recover the monies owed to them,
What is the Deepwater Horizon BP Oil Spill Settlement? A settlement program set up to compensate businesses and individuals for economic losses caused by the April 20, 2010, explosion on the Deepwater Horizon oil rig and the resulting oil spill in the Gulf of Mexico. BP has agreed to pay all claims
