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Daytona Beach Florida Legal Blog

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.

Zoning laws can impact what you want to do with your property

When you buy a piece of property in Florida, you probably already know what you want to do with it. Perhaps you purchased a home to live in or a lot on which you want to build a home, or maybe you bought land or an existing structure from which to run your business. No matter what you have planned, you would be wise to check zoning laws before you proceed. 

Zoning laws affect how a person can use his or her property. For example, zoning restrictions prevent a person from building a home in the middle of an industrial area. Understanding the zoning designation for your property and what that means for you is an important step, even before you purchase the property. In some cases, it is necessary to seek legal help regarding disputes, confusion or misunderstandings over zoning laws.

Why should you have an attorney review a contract?

There are various types of construction contracts that you can have for a single project. Usually, the contract contains information about things such as the quality of work or materials expected, specifications for the project and the timeline for it. Payment and other provisions are typically also included.

Before you sign any contract with a new contractor, you should consider negotiating. As a potential client, you have the upper hand in some ways. It's up to you to decide whether or not to accept the builder's bid, and you can dictate some terms of the contract.

Here's how you should invest in Florida's housing market

Florida can be a great place to invest in real estate because it is a location where many people want to move. If you have the properties they want, then you can be in control of how much people pay to move to their dream home.

Home prices in Florida have reached highs because of the number of people wishing to move there. Some include retirees, business people, foreign investors and snowbirds. All of these people have to have somewhere to live, and investors who purchased homes early could benefit significantly from the influx.

4 construction contract options to know before you start projects

There are a few kinds of construction contracts that you should get to know if you want to have a positive experience with a contractor. Each different kind of contract has its own benefits.

The four kinds of contracts include cost-plus contracts, time and materials contracts, unit-pricing contracts and lump-sum contracts. Each of these contracts has its own benefits and downsides.

What are a merger's benefits?

Your business has done very well for itself, and you're in a position where you can continue to grow it or opt to merge with another corporation. A merger occurs when you agree to sell your company or merge it with another larger corporation. You might do this to eliminate the risk of confusion by consumers or to sell off your business to go on to do other things yourself.

In any case, a merger does not destroy your business. It's a helpful way to boost the value of your company, to encourage shareholders and to extend the reach of your company. Normally, you'll remain with your business following the merger, but in some instances, you may allow yourself to be "bought out" and leave the company completely.

Know your rights when dealing with a neighborly nuisance

If you've just moved into a new home and find that your neighbors are less than desirable, you might think that there is nothing you can do. The truth is that there could be something you can do to address the problem, especially if your neighbor is violating laws or local ordinances.

One important law to know is the law of nuisance. There are two kinds of lawsuits for nuisances. These include private and public nuisance lawsuits. With public nuisances, you claim that the neighbor's actions affect the safety, welfare or health of the public. Private nuisances result in a loss of enjoyment of your property.

Factors to consider when negotiating a commercial lease

Florida business owners know how difficult it can be to find commercial property that will work for their company. Factors to consider include the location of the property, rent prices and more. Once you find the right place, it is then important to negotiate the right terms for your lease.

The terms of most commercial leases are negotiable, which means that you can likely work with the landlord to secure a fair contract that does not expose you to unnecessary risk and the potential for complications. Before you sign on the dotted line, it is beneficial to carefully consider the terms of the lease and negotiate where necessary. Doing this can save you time, money and stress in the future. 

Ensuring employment contracts protect your business

More and more companies and businesses located in the Daytona Beach region are using employment contracts to create a mutually equitable working arrangement. While contracts can and do help cultivate excellent working relationships, they can also leave your business unprotected if not drafted correctly.

Our law firm has a good record of serving workers and employers in the state of Florida. Over the years, we have picked up several excellent strategies in contract negotiation and creation. We would like to share some of these contract strategies with our business owner readers to help them make certain their employment contracts protect them as well as their workers.

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