Florida courts have consistently held that a settlement agreement resulting from a mediation will not be enforced without the signatures of both the attorney and the client. The fact that an attorney may have signed on behalf of his client or in the presence of his client is not sufficient to overcome the legal requirement that such an agreement also have the client’s signature.
A contractor can not be compelled to arbitrate a dispute with his supplier if the only place arbitration is mentioned is within the terms and conditions of the supplier’s website. While it is often standard practice for suppliers to have their terms of sale printed on their invoices, one Florida supplier simply relied on the fact that this information was on its website. Bad idea.
While most everyone is aware that states have statutes which govern construction or mechanic’s liens, many do not realize the significance of the law of contracts on contractor claims. Making sure that a valid contract is in place before work is commenced can be as important to you as being awarded the actual job.
Most business dealings have traditionally been supported by guaranty agreements; however, recent economic challenges are regularly testing the validity and enforceability of such promises. With defaults running rampant on all fronts, severely impacting global financial markets, it is clear that a better understanding of these instruments is in order.