Contract Termination, Failure To Pay

Franchisee 101: When the Competition Leaks

Lewitt Hackman on 5/1/2025

A Massachusetts federal court granted a franchisor’s request to enforce the franchise agreement’s post-termination non-compete provision against a terminated franchisee....more

Franchisor 101: No Tax on Renewals

Lewitt Hackman on 2/28/2022

A federal court in Virginia denied tax franchisor, Liberty Tax’s, motion to dismiss complaints by two of its area developers (“ADs”). The ADs claimed Liberty Tax breached their contract for wrongfully terminating, failing to...more

Franchisor 101: Defaults Sink Bathroom Remodel Franchisee

Lewitt Hackman on 6/30/2021

On competing motions for a temporary restraining order (“TRO”) by ReBath – a nationwide bathroom remodeling franchisor, and its terminated franchisee, ReBath prevailed in restraining the ex-franchisee’s further operations. A...more

Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways

Buchalter on 3/3/2020

It goes without saying that in the world of construction contracts … words matter! There is language in the Goes decision that a cost-plus contract imposes upon the contractor an implied duty to incur reasonable and proper...more

If you don’t use it, you lose it – don’t risk losing your right to terminate a contract by failing to timely notify your...

Farrell Fritz, P.C. on 7/3/2019

In a recent decision in Inferno Restaurant & Pizzeria, Inc. v SW Michaels Pizzeria, Inc., 2019 NY Slip Op 50995(U) (June 13, 2019), the Supreme Court, Albany County, found that where a defendant knew of a plaintiff’s material...more

FRANCHISOR 101: Future Royalties and Beyond

Lewitt Hackman on 4/30/2018

A Florida federal court refused to dismiss a franchisor's claim for past due royalties and lost future profits. The case concerned an Interim Healthcare staffing franchise in Arizona. The franchisor issued a default notice...more