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Appeals of Arbitration Awards in Florida

By William F. Cobb October 8, 2019 Posted in Business and Real Estate Litigation

Despite the popularity of arbitration, its future may be in doubt.  Arbitration frequently fails to live up to its hype as a “speedy and economical” substitute for litigation, especially in the more complexed cases.  Arbitration is a creature of contract and is essentially what the parties to the contract make […]

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Private Investor Assignment of Mortgage

By William F. Cobb October 4, 2019 Posted in Business and Real Estate Litigation

The issue of Assignment of Mortgage frequently appears in estate planning private asset purchase matters where a non-institutional note and mortgage have been given.  Most often the facts involve property that was sold by the parents, who took back a note for a portion of the purchase price and a […]

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Time is of the Essence Clauses

By William F. Cobb October 2, 2019 Posted in Community Association Law

If time is an essential part of your contract performance, a “time is of the essence clause” needs to be included.  The “time is of the essence” clause is not necessarily a “stock clause” but is intended to give a party an immediate right to cancel the contract if the […]

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Construction Contract Time is of the Essence Clauses

By William F. Cobb October 1, 2019 Posted in Construction Law

Major construction projects, and many smaller projects, rely on American Institute of Architects (“AIA”) documents, which are the most widely used standard form contracts in the construction industry.  They facilitate communications among all the parties involved in construction, which makes it easier to produce a high-quality project in a timely […]

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