Contract Disputes, Contract Terms, Notice Requirements

Tenant Estoppels, Part 1 of 2: Practical Reminders on What Tenants Should Avoid

Holland & Knight LLP on 5/9/2025

Although tenant estoppels can seem to be mostly nuisance documents, they can pose traps for the unwary, particularly if you are leasing space that is important to your company's operations or you have loan covenants regarding...more

Conditions Precedent and Time Bars, Getting Around Them

BCLP on 6/13/2024

When a party fails to comply with a condition precedent, especially if such a provision includes a time limit for the fulfilment of the obligation, it will often advance various arguments to avoid the consequences of...more

Err on the Side of Strict Compliance

Jaburg Wilk on 7/19/2023

Contracts for the sale of land or goods often impose “conditions precedent.” This means something must occur before a claim or duty arises. There are many distinct types of these provisions, but a fairly standard condition...more

Court Cancels Capital Call For Want of a Postage Stamp

Farrell Fritz, P.C. on 9/20/2021

Who says email is more efficient and cheaper than regular mail? - Not the manager of the McGuire family real estate business after winning a lower court ruling only to see it reversed on appeal last month in a decision...more

The Conflict Between Choice-of-Law Provisions in Insurance Policies and a State’s Fundamental Public Policy

Carlton Fields on 10/21/2019

Many contracts include a choice-of-law provision in which the parties agree to use a particular jurisdiction’s set of laws to govern the contract. These provisions promote predictability. No matter where a dispute may arise...more

Eleventh Circuit Affirms That Banks Must Use Unambiguous Language When Disclosing Methods For Assessing Overdraft Fees

Burr & Forman on 9/20/2019

In Carol Tims v. LGE Community Credit Union, the Eleventh Circuit Court of Appeals held that a credit union’s account agreement with one of its customers was ambiguous about which account balance calculation the bank would...more

Disputing a Final Certificate: Does the Contractor Still Need to Pay?

Jones Day on 10/26/2017

The Situation: Most construction contracts, including AS4000 and AS2124, stipulate that a final certificate is issued following completion of the work, stating the final amount payable between the parties. The Development:...more

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