This is what happened to Red Lobster. Last year, the popular seafood restaurant filed a breach of contract lawsuit against Blue Star Foods in Orange County Circuit Court in Orlando. According to the complaint, Blue Star Foods, which is based in Miami, failed to supply contracted crab meat to Red Lobster. This caused the seafood restaurant chain to take certain high-profit items off its menu and lose a substantial amount of revenue. Red Lobster is suing for damages in excess of $500,000.

Blue Star agreed to provide Red Lobster with 67,248 pounds of crab meat between October 2020 and March 2021. Blue Star provided all the crabmeat for that contract. However, there was a subsequent contract spanning from April 2021 through September 2021. It called for Blue Star to provide 114,539 pounds of crab meat to Red Lobster, and that was not fulfilled.

Blue Star’s reasoning was the COVID pandemic. The company claims it could not forecast the worldwide impact that COVID had throughout the world, especially in Vietnam, which is one of the top exporters of crab meat to the United States. In April 2021, Vietnam was ravaged by an outbreak of more than 350,000 COVID cases. Blue Star could not meet its requirements under the contract nor could it find any alternative sources of crab meat.

In August 2021, Blue Star informed Red Lobster in writing of its inability to fulfill the contract. The company claims it is covered by a force majeure clause in the contract stating “neither party shall be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, civil, governmental or military authority, act of God, or other similar causes beyond its control and without the fault or negligence of the delayed or nonperforming party or its subcontractors.”

Blue Star finds it odd that Red Lobster was unable to find a substitute crab meat supplier, given its extensive resources. Thai Union Group is a leading global seafood supplier and the company made a $575 million investment in Red Lobster in 2016. However, the company did recently sell its stake in Red Lobster.

Blue Star is asking that Red Lobster’s claims be dismissed with prejudice. The company also wants to be awarded attorney’s fees and be reimbursed for the costs of defending itself.

Seek Legal Help

Things do not always go as planned when it comes to business contracts. Promises are not always kept, but there may be valid excuses for this that are covered in the contract.

Fort Lauderdale breach of contract lawyer Edward J. Jennings, P.A. can help you deal with issues that can affect your business and livelihood. We can help you resolve your legal matter. Schedule a consultation with our office today by filling out the online form or calling (954) 764-4330.

Source:

seafoodsource.com/news/supply-trade/blue-star-wants-red-lobster-breach-of-contract-case-dismissed

In any case, you will need to draw up a contract. The contract should show in detail what is expected from each party and what happens when the terms are breached.

When a person does not follow the terms of a contract, it is called a breach of contract. A breach of contract could be anything from a late payment to the failure to deliver a promised asset.

While breaching a contract is not necessarily a crime, a contract is binding in the court of law. That means that if it can be proved that a contract was breached, remedies are available. The most common remedy is to give the victim what they were initially promised.

However, the first step is to determine what it says in the contract, as the process for dealing with a breach of contract is often already included. Fines are typically common. If the consequences for a specific violation are not included in the contract, then the parties should try to settle the situation among themselves before going to court.

Avoiding a Breach of Contract

Take the following steps to avoid a breach of contract:

• Read and understand the contract thoroughly. Make sure you fully understand the terms and conditions of the contract before signing it. Know your obligations and expectations.
• Meet deadlines. Fulfill your obligations within the agreed-upon timeframes outlined in the contract. If you foresee any difficulties in meeting deadlines, communicate with the other party as soon as possible.
• Make sure it’s legal. In order to be binding, your contract needs to be legal. If you are not sure, work with a lawyer before committing to signing.
• Communicate effectively. Maintain open and transparent communication with the other party. If there are any issues or concerns, address them promptly.
• Avoid making promises. Be cautious about making promises or commitments that you may not be able to fulfill. It’s better to underpromise and overdeliver.
• Mitigate risks. Identify potential risks that could lead to a breach of contract and take proactive measures to mitigate them.
• Stay Informed. Stay informed about any changes in relevant laws, regulations, or industry standards that could affect your ability to comply with the contract.
• Act in good faith. Always act in good faith and with integrity when dealing with the other party. Honesty and fairness can go a long way in maintaining a positive relationship and avoiding disputes.

Seek Legal Help

Whenever contracts are involved, breaches can occur. Know what to expect and how to prevent them from occurring.

Disputes over contracts can result in legal matters. Get the help you need from a Fort Lauderdale breach of contract lawyer Edward J. Jennings, P.A. We’ll help you understand your legal options. Schedule a consultation today by calling (954) 764-4330 or filling out the online form.

Source:

investopedia.com/terms/b/breach-of-contract.asp

World Wrestling Entertainment (WWE) and trading card manufacturer Panini have recently ended a two-year legal dispute. The two companies have reached an agreement and are dismissing the case.

In 2021, WWE and Panini had an agreement that made Panini the sole manufacturer of WWE trading cards. In September, the WWE reportedly severed its ties with Panini due to a breach of contract. WWE claimed that Panini had not engaged in good faith efforts to use the WWE license to create digital trading cards and physical trading card games. The WWE sent Panini a termination notice on August 25, but Panini ignored the notice and continued selling WWE trading cards. There were still two years left on the agreement.

WWE demanded that Panini pay it an undisclosed sum. Panini disputed WWE’s claims and wanted to retain the deal without paying the sum. WWE filed a restraining order against Panini, but that was denied.

The companies’ issues have come to an end. The two sides informed the court on November 21 that they had settled their issues. Both WWE and Panini agreed that all claims and causes of action that they asserted against each other are to be dismissed with prejudice. Each party shall bear its own costs, expenses, and attorneys’ fees. It is unknown if there was any exchange of money. At this time, WWE-related cards and other products are still available on Panini’s website for purchase.

Dismissed With Prejudice

When a court dismisses a court action, they can either do so with prejudice or without prejudice. Dismissing a case without prejudice means that the plaintiff can re-file their case at a later date, as long as they are still within the statute of limitations. This means the defendant is not off the hook just yet.

Dismissing a case with prejudice may seem like a bad thing, but it’s actually a good thing for both sides. It means that the charges are essentially dropped against the defendant. The plaintiff cannot file the same claim again in the same court. Doing so would constitute double jeopardy. Double jeopardy goes against the Fifth Amendment of the United States Constitution. This amendment prohibits anyone from being prosecuted twice for the same crime.

Seek Legal Help

When parties are in an agreement with each other, they need to abide by all the rules. When they fail to do so, it is considered a breach of contract.

A breach of contract can lead to a lawsuit, which can be a lengthy and expensive legal issue. Fort Lauderdale breach of contract lawyer Edward J. Jennings, P.A. can discuss your remedies and legal rights. To schedule a consultation with our office, call (954) 764-4330 or fill out the online form.

Source:

sescoops.com/news/wwe-panini-both-sides-file-motion-to-dismiss-breach-of-contract-case

However, not all homeowners can make these home improvements on their own. They need to hire contractors who know what they’re doing. However, picking out the right person for the job can be a huge job in itself, as not all people who claim to be contractors are actually licensed. This is something to be aware of, as 10% of Americans have been scammed by contractors. On average, they lost more than $2,400. That’s a huge chunk of change.

Most home improvement scams (34%) involve doing quick work without a contract. But even if you do have a contract in place, scams can still occur. For example, starting out with a low cost and then significantly increasing the cost happens in 23% of cases. In 22% of cases, the contractor will demand a huge down payment or bill the homeowner for low-quality work.

Many other tactics involve lies and deceit. They may include using shoddy materials, lying about permits, manipulating change orders, falsifying invoices, falsely representing employees, and adding subcontractors at higher prices.

Avoid being a home improvement scam victim. Here are some red flags to look for:

• The contractor fails to complete the job or does poor quality work. Contractors have standards to abide by. It would seem dishonest to make a promise and then fail to complete the job, but it happens a lot with scam contractors. They take the money and run.
• The contractor frequently arrives late. Many contractors think that because they are their own boss, they don’t have to abide by time schedules. Well, they do. The construction industry is filled with deadlines. Plus, not showing up on time makes a person look like a flake, regardless of their job.
• They add extra charges or fees. Sometimes unforeseen issues come about, requiring extra costs. However, if the contractor does not discuss this beforehand and charges you much more than expected, it’s a sign this is a scam.
• They refuse to answer questions. A contractor who is unwilling to communicate with you and refuses to give you progress updates is likely hiding something.
• They provide no written contract. Never allow a contractor to perform work without a contract. A contract is legally binding and protects you in the event of any issues caused by the contractor.

Seek Legal Help

You need to be careful, as scams are everywhere. A person could lose thousands of dollars from a home improvement or construction scam.

Have you been a  victim? If so, Fort Lauderdale breach of contract lawyer Edward J. Jennings, P.A. We can help you understand your business contract and advise you of the next steps. Schedule a consultation today by calling (954) 764-4330 or filling out the online form.

Source:

nar.realtor/magazine/real-estate-news/sales-marketing/5-signs-of-a-home-improvement-scam

Making matters worse is that moving companies often take advantage of customers. In fact, moving scams have become popular in recent years. The U.S. Department of Transportation has taken notice, receiving 7,500 complaints against moving companies in 2022. The agency is starting to crack down on these scams, but they’re still prevalent. The issue is especially bad in Florida, where half of the complaints come from.

The scams typically involve hidden fees and holding items hostage. The scam often plays out in a similar way each time. A company will agree upon a price with a consumer. Then, upon delivery, the consumer will receive a new estimate. The moving company will not release the person’s belongings until they pay the new price, which is something that was not agreed upon ahead of time. So it puts the customers in a bad spot.

It’s important to thoroughly assess any moving company before hiring them. Do your research. Talk to others who have used moving companies. Read reviews.

The Federal Motor Carrier Safety Administration (FMCSA) can help with the research. It provides a searchable database where you can find information about a moving company’s headquarters, registration status, safety records, and complaint history.

Moving scams are more prevalent during the summer, the time when most people make their move. However, they can happen any time of the year, so be aware. Here are a couple red flags to look for:

• The mover doesn’t inspect the items to be moved in person. Instead, they provide an estimate online or over the phone.
• The company seems generic or constantly changes their name. Companies can get around the Better Business Bureau by doing business under new names. Check to make sure the company answers the phone with the full name of the business, not something generic.
• The company demands a large deposit before the move or demands that you pay in cash only.
• The company charges you unexpected fees for every little thing. Some examples include living on a narrow street or moving to a two-story house.
• You are given a blank contract. Never sign a blank contract. Make sure to get everything in writing, including your estimate and any extra fees. Your pickup and delivery dates should be on the contract as well.

Seek Legal Help

Moving can be a nerve-wracking experience as it is. Poor communication by a moving company and losing belongings are things that should be unacceptable.

A Fort Lauderdale breach of contract lawyer Edward J. Jennings, P.A. can help you if any type of company has reneged on their contract and is making life miserable for you as a consumer.  Fill out the online form or call (954) 764-4330 to schedule a consultation.

Source:

baynews9.com/fl/tampa/news/2023/04/17/moving-scams-on-the-rise

When a contract is breached, it means someone does not do something, causing the other parties involved to suffer losses. They do not get their fair share of the deal. There may be lost time, lost money, or lost customers involved.

However, not all breaches of contract are the same. Some are material, while others are non-material. Read on to learn more about what these terms mean.

Material Breaches

A material breach is a breach of contract that is major. It is significant enough to ruin a contract and make it so the main purpose of it is not met. The contract is essentially useless.

Non-Material Breaches

A non-material breach refers to a minor breach of the contract. A minor obligation was not met, so while there may not be any loss, there could be disappointment. A non-material breach has a minor impact on the overall outcome. The purpose of the contract is still achieved, but something is missing and not all parties may be satisfied.

 What is the Difference?

Here’s an example to show you the difference between a material and non-material breach. Let’s say you wanted to purchase a sports car. As options, you would like the vehicle to have a leather interior, a navigation system, and a spoiler. What if the dealership was able to get you a sports car, but without a spoiler?

That would be a non-material breach, since the purpose of the contract was to purchase a sports car. While the dealership did not deliver on one aspect — the spoiler — they were able to get you a sports car with a navigation system and leather interior.

However, if you got a truck instead, that would be a material breach. You did not want a truck. You wanted a sports car. Those are two totally different vehicles. Even if the truck has a navigation system and a leather interior, it is not what you wanted.

So the difference between a material and a non-material breach focuses on purpose. However, the parties may disagree as to what type of breach it really was. The court will look at factors such as:

• How do the parties define a breach?
• Is a party significantly deprived of the benefit of the contract?
• Can the non-breaching party be compensated for the loss?
• Did the non-breaching party contribute to the breach?
• Did the breaching party act in bad faith?

Seek Legal Help

All businesses need contracts to ensure everyone involved holds up their end of the deal. It’s not uncommon for someone to breach a contract, although not all breaches are major issues.

Fort Lauderdale breach of contract lawyer Edward J. Jennings, P.A. understands the challenges involved in creating and adhering to contracts. We can walk you through the process and advise you along the way. To schedule a consultation, fill out the online form or call (954) 764-4330.

Source:

incorporated.zone/material-breach-vs-non-material-breach-contract

A software company in Florida is facing numerous lawsuits from unhappy customers. These customers have filed breach of contract lawsuits against Chetu, a software development company based in Sunrise, for being forced to pay for non-working software.

Chetu has been a highly successful company. The fast-growing software company reported more than $67 million in revenue in 2021. The company markets itself as a global provider of world-class services to clients who need to develop or maintain apps.

The privately held company claims to run on streamlined processes that enhance productivity. However, the numerous court filings at the state and federal levels show a different side of the company. Chetu has been involved in breaches of contract and fraud schemes, according to unhappy clients.

One example is a federal lawsuit that was filed against Chetu in August. Blue Chip Alliance, which owns 11 barber shops in Montana and Washington, allegedly paid $156,000 for software that Chetu never delivered. The company also received worthless code. Blue Chip Alliance is accusing Chetu of coercing customers into paying monthly development fees for unstable and defective software applications.

However, Chetu keeps coming back with the same defense: The company never promised it would produce software that actually works. But shouldn’t that be a given? If you purchase any type of product, you would expect that it works.

Plus, this defense goes against what the company promises. On the company’s website, Chetu promises to “guarantee the quality” of its products and services. At the very least, wouldn’t this include making sure that something works like it should?

Chetu defends itself, saying that it is a service provider and it does not deliver products to clients. The company provides services as-is without any type of warranty and was therefore not obligated to deliver a final product free of defects.

Of the nearly 300 lawsuits filed in Broward County involving Chetu, just one has gone to trial. In that case, the judge ordered the client to pay Chetu what it owed.

Still, Chetu is facing many allegations by unhappy customers. The allegations include scheme to defraud, fraudulent billing, civil theft, providing defective products, incompetence, negligent misrepresentation, suppression of negative reviews, and violations of Florida’s Unfair and Deceptive Trade Practices Act.

Seek Legal Help

As a company, you should guarantee the products you create. As a customer, you should expect products of a certain quality.

If a dispute does arise, you need to be aware of the available legal remedies. Seek legal help from Fort Lauderdale breach of contract lawyer Edward J. Jennings, P.A. We can provide you with effective representation. To schedule a consultation, call (954) 764-4330 or fill out the online form.

Source:

nbcmiami.com/investigations/fast-growing-sunrise-software-company-buffeted-by-lawsuits-complaints/2911788/

Take, for example, rapper Tyga. Tyga had signed a contract to create and promote non-fungible tokens (NFTs). He was supposed to create digital art offerings based on his image and likeness. The 32-year-old rapper agreed to the contract, receiving a $100,000 signing bonus. But then he “ghosted” on the project, which was worth $500,000.

Tyga was supposed to partner with Kreation to create a contemporary CryptoArt project entitled  “‘Ten Thousand TYGA.” The project was announced in June and would consist of three drops: one with 10,000 unique NFTs, one with 75 unique NFTs, and a single exclusive one to be sold to one buyer. The unique NFTs were inspired by tombs of ancient pharaohs with a techno-futuristic vibe.

Kreation was expecting Tyga to promote the drops using his status and public following, but he never pulled through. Instead, Tyga did the opposite, canceling media interviews on Twitter’s Spaces and Reddit’s ‘Ask Me Anything forums. He also failed to post about the project on his social media pages, including Instagram and Twitter.

The auction was supposed to start June 17. Tyga was contracted to facilitate the creation, production, marketing, and sale of NFTs in exchange for the use of his name, likeness, image, music, and artwork. When the deal fell apart with Tyga, Kreation said it caused issues with a new strategic partner they used as an NFT marketplace.

What is an NFT?

NFTs are the new trend, but what is it? An NFT is a unit of data that is stored on a digital ledger called a blockchain. NFTs are associated with a particular digital or physical asset, like art, images, and music. They come with licensing rights to use the asset for a specified purpose. NFTs can be traded and sold on digital markets. NFTs are different from cryptocurrencies, as each NFT has a different value.

Ownership of NFTs can be confusing, though. An NFT represents proof of ownership of a blockchain record, but not necessarily intellectual property rights. It is possible for someone to sell an NFT that represents their work, but the buyer will not necessarily receive copyright rights. This means that the seller may still be able to create additional NFT copies of the same work unless the copyright is explicitly transferred.

The use of NFTs has grown dramatically since they were first introduced in 2014. In 2021, NFTs were a $17 billion industry.

Seek Legal Help

When you agree to do something, you need to hold up your end of the bargain, especially if there is a contract involved. Otherwise, you could face legal action, as well as fines and other penalties.

Dealing with contact disputes? See how Fort Lauderdale breach of contract lawyer Edward J. Jennings, P.A. can help. Schedule a consultation today by calling (954) 764-4330 or filling out the online form.

Source:

thefloridastar.com/articles/rapper-tyga-sued-for-a-breach-of-contract/

This was the case for a Florida family, who visited a hotel in Myrtle Beach and brought bed bugs home with them. The couple is now suing the hotel for breach of contract, among other charges.

The man and woman stayed at South Bay Inn and Suites, located on North Ocean Boulevard, from September 21-25. They claim that the bed bugs were located in the mattress, bedding, and carpet of their hotel room. They also claimed to be bitten in their sleep, and that the bed bugs traveled with them back to their home. The bugs caused even more damage once they were there.

The family filed a lawsuit against South Bay Inn and Suites in the Horry County Court of Common Pleas. The suit accuses the hotel of breach of contract, negligence, premises liability, unfair trade practices, and emotional distress. There are also claims that the hotel did not keep the property clean and safe. The hotel engaged in breach of contract by not treating the room before the couple stayed in it. The couple is seeking an unspecified amount of compensation.

Bed Bug Infestations on the Rise

Nobody wants to wake up in a hotel room covered in bed bug bites, but unfortunately, this is a common scenario. It’s a frustrating situation for both hotel guests and owners, as these annoying bugs are hard to detect and kill. If not caught in time, they can hitch a ride home with guests and cause damage to their homes. That was what allegedly happened in this couple’s case.

While bed bugs have a negative connotation attached to them, they can be found in all hotels—they don’t discriminate. While they may be more likely to be found in “dive” hotels, they can also be found in five-star resorts.

But bed bugs are not limited to one location, and they’re certainly found in other places besides hotels. These bugs have been seen in all 50 states and can be found in homes, daycare facilities, hospitals, and apartment buildings.

Bed bugs are very small, so identifying them can be difficult. They are the size of an apple seed as adults. They are parasites that come out at night to feed on the blood of humans and animals. These annoying insects hide in small crevices between bedding and mattresses. They can also be found in cracks in wooden furniture.

Seek Legal Help

When people stay at a hotel, they expect to be able to sleep peacefully without fear of bed bugs and other infestations. Their room should be reasonably clean.

Fort Lauderdale breach of contract lawyer Edward J. Jennings, P.A. can help you when you have a dispute with a business. We can help you challenge a business contract. Schedule a consultation today by calling (954) 764-4330 or filling out the online form.

Resource:

abcnews4.com/news/local/florida-family-sues-myrtle-beach-hotel-over-bed-bugs-claims-they-brought-infestation-home

A Florida couple will soon find out. The parents are suing a Catholic school for teaching students about various topics that they thought should be off limits, such as human sexuality, pregnancy termination, and LGBTQ issues.

In June, the parents filed a lawsuit with the Hillsborough County Court. They are claiming that the Academy of the Holy Names in Tampa has led their two children astray because it is not a true Catholic school. Now they want a refund on their tuition and donations, including the $1.35 million they gave to the school four years ago.

According to the lawsuit, the school breached its promises to provide the couple’s minor children with a Catholic education in return for tuition and fundraising. The couple’s two children had attended Academy of the Holy Names in Tampa for the past six years. While the older child just graduated, they pulled out the other child due to “ongoing issues,” including their claim that the school wasn’t anti-LGBTQ enough.

For example, the parents claim that the school teaches how to be a good ally to LGBTQ+ individuals, even though these teachings are supposedly not in line with mainstream Catholicism. The lawsuit contains pages of emails from other parents complaining about the school’s lack of homophobia. One parent even accuses the school of being abusive by being too progressive.

The parents also were against the Catholic school’s attempts to teach about racism. The school told students about the deaths of George Floyd and Breonna Taylor and made the students feel guilty because of their skin color and economic status. They allegedly blamed the students for what happened. The parents said the school provided just one perspective to students rather than teaching the students about racism and hatred via Catholic teachings.

The couple has listed 13 counts against Academy of the Holy Names in Tampa, including breach of contract and fraud. The school, administrators, and the Florida Catholic Conference (the agency that has accredited the school) have all been named as defendants.

The parents are asking for more damages in more than $1 million based on tuition and donations. They claim they have suffered harm to their reputation due to the school’s actions. They are also asking for the school to stop calling itself a Catholic school.

Seek Legal Help

Breach of contract can happen for many reasons, but is suing a school for teaching students about respect and various societal issues a valid reason?

Do you have a claim for breach of contract? If so, seek legal help from Fort Lauderdale business litigation lawyer Edward J. Jennings, P.A. We can review contracts and help you understand the rights and obligations of all the parties involved. Schedule a consultation today. Fill out the online form or call (954) 764-4330.

Resource:

abcactionnews.com/news/state/florida-parents-sue-catholic-school-question-its-teachings