Author Archives: Jay Butchko
Apparent Authority: Who Can Bind Your Company to Contracts?
Let’s say that you get notice that you are being sued for breach of contract. That sounds odd to you because you never signed any contract at all. And you are right—you didn’t sign the contract that you are being sued for. Someone else did, and by doing so, they bound your company to… Read More »
Understanding the Communications Decency Act
If you have an online business, or a business with an online presence, public engagement is vital. Getting people to review your product, getting them debating, and engaging in discussions, can drive online traffic, and thus sales, to your site. But with interaction comes the pervasive problem of monitoring what people say. They could… Read More »
Need to Hire During a State Declared Emergency? You Can Do it Much Safer Now
The COVID pandemic shutdowns are, thankfully, behind us, but that doesn’t mean that the state is immune to emergencies. We are still in the midst of hurricane season, and that, as well as any other kind of emergency, can happen at any time. The Problem During Emergencies During emergency situations, businesses face a dilemma,… Read More »
Is a Letter of Intent Legally Binding?
Let’s say that you are in discussions with someone else to enter into a contractual agreement. There is no contract yet—in fact, many key terms haven’t even been discussed—but both parties definitely have a clear intention to enter into a contractual relationship at some point. You then are presented with what looks like a… Read More »
New Law Makes it Harder to Sue for Building Code Violations
Let’s say that a builder constructs a building or a home. A purchaser buys it, lives in or uses it, and sells it. Perhaps it is bought multiple times. At some point, an owner of the property comes to a realization: something about the way the property was built is not up to applicable… Read More »
The Benefits of Using a Fictitious Name
There are many things that go into the name that we give to our business. But one thing that many people often find, is that the name they originally incorporated as, doesn’t necessarily make the best name to market your company under. Others may find that they get so big, and so well known,… Read More »
Buying a Business? Make Sure You’ve Investigated Everything Fully
The purchase of a business can sound like a fast track to success. After all, everything is up and running, there is a name, process, client base and reputation that already exists, and all you have to do, seemingly, is to continue to steer the ship in the right direction. But there are a… Read More »
Statute of Limitations for Suits Against Design Professionals Can be Confusing
Florida’s statute of limitations says how long that people have to sue, for various kinds of lawsuits. In the world of construction, one kind of statute of limitations has caused controversy and ambiguity in Florida courts: how long someone has to sue a design professional, such as an architect or certain kinds of engineers—especially… Read More »
Can a Liquidated Damages Clause in Your Contract Help You?
When you draft and enter into a contract, especially one related to construction, you want to have an eye towards your damages—that is, what would you get in the event the other party to the contract didn’t fulfill their contractual obligations. Sometimes the measure of your damages in the event of a breach, is… Read More »
Don’t Interfere With Existing Contracts or Business Relationships
There is a guy that can set up IT networks better than anybody else in the community. You want that guy to work for your company. The problem is that he has a contract with your competitor, and working for you, would be a breach of the contract with your competitor . You offer… Read More »
