Author Archives: Jay Butchko
Problems Entrepreneurs Run Into When Starting Businesses
It is, they say, the American dream to be an entrepreneur. But with that freedom and potential for earnings, comes legal responsibility, and the requirement of knowing the ins and outs of the laws that often get entrepreneurs in legal trouble. Workers’ Compensation Requirements Your business must provide workers’ compensation for your employees. Do… Read More »
Will You Get Paid If You Win Your Case?
In the real world, it’s not a good thing to get ahead of yourself. What must be done at the beginning should be considered first, before worrying about the obstacles or challenges at the end of the task. But in law, there is a big exception to that: getting paid on a judgment. Even… Read More »
What Subcontractors Should Know Before Signing a Master Services Agreement
Master services agreements have become common in the construction industry, especially when a general contractor works with the same subcontractor on multiple projects. Instead of negotiating a full contract for every job, the parties sign one overarching agreement that governs the relationship, and individual work orders or task orders cover the specifics of each… Read More »
Protecting What Makes Your Business Different: Trade Secret Misappropriation Under Florida Law
Every business has something that gives it an edge. A pricing formula, a client list built over years, a manufacturing process, or a piece of software that nobody else has quite figured out. When a former employee, business partner, or competitor takes that information and uses it without permission, Florida law gives you a… Read More »
Retainage Rules Every South Florida Subcontractor Should Know
If you’re a subcontractor working on a project in Broward, Palm Beach, or Miami-Dade County, you’ve probably run into retainage. It’s the portion of your payment that gets held back until the job, or a phase of it, is finished. It’s meant to give owners and general contractors some leverage to make sure work… Read More »
What Do You Have to Do to Mitigate Your Damages?
When someone breaches a contract with you, the general assumption is that you can sit back, do nothing, sue, and recover your damages. But that’s not always how it works. Often, even though you are the “victim” of a breach of contract–you still may have some obligations to fulfill if you want to be… Read More »
Can You Divide Your Company into Smaller Companies to Avoid Legal Compliance?
Many laws, including employment laws having to do with minimum wage, disability accommodations, medical leave, or workers compensation often depend upon a company having a minimum number of employees. That means that if your business has under the minimum amount you don’t have to worry about complying with these laws, or worse, worry about… Read More »
When and How to Use a Constructive Trust
If somebody owes you money and you sue, you don’t care what money you get back, as long as it equals the money you are owed. In other words, nobody cares what actual dollars are being paid so long as those dollars are legal currency and repay you what you have lost. But not… Read More »
Security Agreement Tips and Pitfalls
If you’re loaning money, and you want a little extra security to make sure you get paid back or that you have some recourse, a security agreement (or security instrument) may be the way to go. Just like a mortgage, which is of course a form of a security agreement, in a security agreement,… Read More »
Don’t Forget These Things When Doing Due Diligence
Have you ever heard someone say that they have to do their “due diligence” when looking into a potential business deal or investment or their future actions? Due diligence may sound like something you understand–but legally, what does it really mean to “do your due diligence?” Due diligence doesn’t have one definition–it means doing… Read More »
