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Daytona Beach Florida Legal Blog

Protect yourself if you're constructing projects for a client

Construction law refers to any legal issues that come up related to the construction of a structure or building. This can include things such as breaches of contract, defects, mechanic's liens and other factors that may impact construction.

One of the most common issues that comes up during the construction of any building or structure is money. Money issues, like unexpected costs or the refusal to pay for a project that doesn't meet specifications, can quickly lead to lawsuits.

What should you know about construction defects?

A construction defect is a problem that can affect your home, business or other type of structure you own. These issues are often initially unseen, which means you may not know there is a problem until weeks or months after occupancy. More than just an inconvenience to you, construction defects can threaten your safety as well as your finances and other areas of your personal or professional life.

It may be beneficial for you to understand what you can do to fight back if you are the victim of construction defects. You may want to know what you can do next and how you can secure appropriate compensation for your financial losses. You have the right to protect your interests and fight for a beneficial outcome to your current legal concerns.

21st Century Oncology facing lawsuit from former providers

Contracts are there to protect both parties' interests, but they sometimes hurt more than they help. In certain cases, someone unhappy with a contract may take the other party to court.

That's what happened in this Florida case involving former 21st Century Oncology oncologists. They sued in federal court to get out of a noncompete contract. The Florida Legislature is currently considering legislation that would eliminate those employment agreements for specialty doctors.

Can you hire employees from outside the United States?

As a business owner, there may be times when you can't find the right employees in the area. As a result, you might want to turn to international hiring or seeking help from immigrant workers.

It is your responsibility to make sure that any employee you hire is eligible to work in the United States. To do this, you have to file a form called the Employment Eligibility Verification Form, or Form I-9, within three days of hiring the new employee.

Get the right home with a secure contract

When you're looking at properties, the last thing you want is to be locked into a purchase that you know you don't want to make. For that reason, most potential buyers are very specific when choosing the property they want and the contract they're satisfied with.

A real estate contract can bind you to the purchase of a property, but you have the opportunity to insert clauses to protect yourself. For example, you could agree to purchase a property as long as the inspections come back without major problems. You could also add clauses that allow you to back out for any reason so long as you pay a fee to the seller.

Want out of a contract? Avoid getting sued with these tips

Sometimes, it's necessary to end a contract early. However, a contract is in place to make sure both parties complete a deal, so getting out of it won't be easy.

To help yourself avoid legal trouble, it's a good idea to avoid signing a contract until you're comfortable with the terms. A few tips to make sure you can end a contract in an emergency follow.

Good employee contracts lead to good employee relationships

As a Florida business owner, you understand that one of the most important steps you can take is to actively work to avoid legal complications before they arise. You can do this through strong and enforceable contracts, including employee contracts. These documents can actually help make the relationships between employer and employee better. 

One of the most significant benefits of employee contracts is that it clearly defines the relationship between you and the people who work for you. You can define roles, outline obligations and explain how things work – all of which will reduce the chance of complications and disputes with your employees down the road. It is in your interests to ensure your employee contracts are reasonable and will hold up under scrutiny.

Eminent domain: What you need to know

Eminent domain is a topic you should learn more about if you're interested in owning property that has the potential to be used for public purposes. Eminent domain refers to a law that gives the government the right to take over private land for public uses so long as the government provides fair compensation to the owner of that property. The process of taking private property from citizens for the benefit of the public is called condemnation.

The government may take property for several reasons. For example, it may plan to expand a highway or to improve public roadways. Regardless of the reason, if it's to better the public area, the government can use eminent domain to take property.

Do you have to use arbitration for a contract dispute?

Arbitration is an effective method for resolving disputes. Many contracts include an arbitration clause so that both parties know that they will not be sued but instead will go to arbitration if there is a problem.

Arbitration is beneficial for a few reasons. First, it has the potential to cost less than going to trial. Second, you don't have to go before a judge for a trial, which is time-intensive and disruptive. It does have some downsides, too, which is enough for some people to avoid signing contracts with these clauses included.

Understand the 30-day rule if you plan to ship goods

As a business that intends to ship goods to customers, you should know about the Mail, Internet, or Telephone Order Merchandise Rule. This rule is also called the 30-day rule and is essentially a rule that dictates how you need to fulfill your orders. The rule is there to make sure consumers receive their items within a fair time frame while allowing reasonable flexibility in the timeline for businesses.

The 30-day rule does not always apply, but if you don't state how long it will take for you to ship an item, it will. Here's an example. If you make custom furniture, you may tell clients that it will take 45 days to complete a piece and then another 15 for shipping. They can roughly estimate 60 days from placing the order to receiving their goods.

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