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What is the Attorney Breakfast Club? Seats Available!

Posted by on Apr 27, 2013 in Blog | 3 comments

The Attorney Breakfast Club has the following seats available. For more information or to reserve your seat, please contact cdemoya@attorneybreakfastclub.com

Available Seats:

  • Appellate Law
  • Bankruptcy Law – SOLD
  • Civil Rights Law
  • Collections Law
  • Commercial Bankruptcy
  • Commercial Litigation – SOLD
  • Construction Law – SOLD
  • Corporate Law – SOLD
  • Criminal Defense – SOLD
  • Disability Law
  • Elder Law – SOLD
  • Employment Law – SOLD
  • Entertainment Law
  • Environmental Law
  • Family Law – SOLD
  • Foreclosure Defense Law
  • Insurance Defense – SOLD
  • Immigration Law – SOLD
  • International Law
  • Mass Torts/Class Action
  • Mediation – SOLD
  • Patent and Trademark Law – SOLD
  • Personal Injury Law – SOLD
  • PIP Suit Insurance Law- SOLD
  • Probate and Estate Law – SOLD
  • Real Estate Law – SOLD
  • Sports Law
  • Tax Law
  • Worker’s Compensation Law – SOLD

Don’t see your seat here? Contact us for information on how to create a specialized seat, cdemoya@abcfornetworking.com.

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How to Deal with Pay-When-Paid Provisions

Posted by on Oct 25, 2016 in Blog | 0 comments

How to Deal with Pay-When-Paid Provisions

By Alexander Barthet

They are the bane of all subcontractors and suppliers – those pay-when-paid provisions stating that payment won’t be due from a general contractor until and unless it is first paid by the owner. These attempts to shift the risk of non-payment from a contractor to its subs and material suppliers have found their way into most construction contracts.

While seemingly straightforward at first glance, many of these clauses are ambiguous. The pay-when-paid language can be interpreted on the one hand as establishing a condition precedent where payment must first be received from the owner before it can be paid out to the service provider, or, on the other hand, as simply fixing a reasonable time frame for when payment is to be made.

When interpreted as a condition precedent, the provider will get paid only on the condition that the party with whom it contracted has been paid by the owner. However, when seen as fixing a reasonable time frame for payment, the pay-when-paid language is treated as promise by the general contractor to pay the subcontractor, with the understanding that the payment may be delayed for some reasonable time while the general contractor obtains payment from the owner.

What if the subcontract with a pay-when-paid clause incorporates the prime contract between the general contractor and the owner? And what if that prime contract actually requires the general contractor to pay all bills or debts associated with the work? Reading these provisions in conjunction with the subcontract, which states that payment won’t be due until it is received from the owner, obviously creates some confusion. When this happens and the pay-when-paid language is unclear, then this limiting provision simply sets a reasonable time for payment and is resolved against the general contractor.

The bottom line is that a pay-when -paid clause, if intended to create a pre-condition to payment, as opposed to a reasonable time frame when payment will be made, must be free of any ambiguity and must establish by its express terms that payment by the owner is a condition precedent to any requirement on the part of one party to pay the other.

Too often, more time is spent bidding a project than actually reviewing the agreement that formalizes a party’s selection to perform the work. Generally, pay-when-paid provisions are not discovered or really understood until the parties are well into a job. By then, it’s normally too late and too costly to

Source: http://feedproxy.google.com/~r/lienzone/~3/7Hf_3JSIYnU/


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New Law to Protect Passengers Involved in Accidents on Cruise Ships

Posted by on Oct 20, 2016 in Blog | 0 comments

By Aronfeld Trial Lawyers

Sexual assaults on cruise ships occur far more frequently than the cruise lines would like passengers and potential passengers to know.  According to recently released data from the FBI, the number of reported sexual assaults on cruise ships so far this year is 39, which represents a 550% increase from just six reported in 2015. […]

The post New Law to Protect Passengers Involved in Accidents on Cruise Ships appeared first on Miami Personal Injury Lawyer.

Source: http://www.floridainjurylawyer-blog.com/2016/10/new-law-to-protect-passengers-involved-in-accidents-on-cruise-ships.html


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You Need These 2 Provisions in Your Contracts

Posted by on Oct 18, 2016 in Blog | 0 comments

You Need These 2 Provisions in Your Contracts

By Alexander Barthet

Every company seems to have its own form of contract these days. Whether it’s the general contractor, the plumber, or the tile distributor, everyone wants you to sign “their” contract, so that they’re protected on the job—or so they hope. In the rush to get a job and get it started, many overlook important details in the contracts that they sign. Specifically, a lot of construction contracts are missing two important provisions.

Legal Fees

If you have to pay an attorney to prosecute or defend a claim, whether it goes to trial or not, the ability to recover those fees from the other side can dictate how hard you fight or how quickly you settle. So when reviewing a contract, make sure it includes a provision that allows the prevailing party, hopefully you, to recover incurred attorney’s fees and costs.

If your agreement is not in writing (big mistake) or if it is not signed (another mistake), then the ability to recover legal fees becomes much harder, if not impossible. This can happen with construction clients who have “terms and conditions” on their delivery tickets or invoices but who never get those documents signed. In those cases, the unsigned terms and conditions are useless.

Dispute Resolution

Disagreements are a natural outgrowth of many contract relationships. When they occur, it is helpful to have a pre-agreed procedure in place to resolve them. Often times this is just left to a simple statement that disputes shall be arbitrated or litigated. We would suggest something more.

Ideally, the parties should agree to have a principal to principal initial meeting within 30-60 days of one party notifying the other of a dispute. If that doesn’t resolve the problem, then the parties should agree to mediate their dispute before a jointly selected, and certified, mediator.  Mediation should always be a prerequisite to the initiation of litigation or arbitration. Each party should absorb their own legal fees during this process and before litigation. The mediator’s fees on the other hand should be split evenly between the parties.

Construction is a very risky business. Lots of things can go wrong, and when they do, it can be very expensive to fix them. Having these two provisions in each of your agreements will surely help.

The post You Need These 2 Provisions in Your Contracts appeared first on Miami Construction Lawyers :: TheLienZone.com.

Source: http://feedproxy.google.com/~r/lienzone/~3/i9zFawt28e4/


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Suing Carnival Cruise Line: Carnival Accuses Passenger of Perjury

Posted by on Oct 18, 2016 in Blog | 0 comments

By Aronfeld Trial Lawyers

A sure-fire way to destroy a potential cruise ship accident lawsuit against a cruise line like Carnival is to lie—intentionally falsely testify in a frivolous lawsuit.  When lawyers prepare injured passengers in advance of giving a deposition, signing an interrogatory, or taking the witness stand, it is important that they explain how cruise-line defense lawyers […]

The post Suing Carnival Cruise Line: Carnival Accuses Passenger of Perjury appeared first on Miami Personal Injury Lawyer.

Source: http://www.floridainjurylawyer-blog.com/2016/10/suing-carnival-cruise-line-carnival-accuses-passenger-of-perjury.html


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Miami Car Accident Lawyer Investigates Self-Driving Car Accidents

Posted by on Oct 13, 2016 in Blog | 0 comments

By Aronfeld Trial Lawyers

Self-Driving Car Accidents Cars of the future- this is just one of the terms that have been used to describe the new self-driving cars even though they have been around for quite sometime now. These autonomous cars are designed to drive on the road without any input from a human driver and their strongest selling […]

The post Miami Car Accident Lawyer Investigates Self-Driving Car Accidents appeared first on Miami Personal Injury Lawyer.

Source: http://www.floridainjurylawyer-blog.com/2016/10/miami-car-accident-lawyer-investigates-self-driving-car-accidents.html


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