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5 Signs Your Construction Dispute Is Headed for Litigation

Construction projects are based on a number of essential agreements - between the project owner and general contractor, between the general contractor and the subcontractors, and suppliers, and so on. Under ideal circumstances, the project progresses from concept to completion without any major disruptions, but this outcome isn’t always the reality. Participants disagree on invoices, timelines, and other relevant Read More

Mediation vs. Litigation – Which Is Right for You?

When legal disputes arise in business, they can damage your company’s image, professional relationships, and bottom line if not carefully handled. While litigating the matter can be effective, especially if there’s a lot at stake, many business owners today opt to resolve disputes in ways that don’t involve the courts. One such way is mediation. Mediation Explained Unlike litigation, mediation is a Read More

Common Business Litigation Claims and How to Avoid Them

Business litigation can be part of the cost of doing business. However, many business litigation claims could have been avoided if the business owner had taken just a bit of care on the front end. Below are three of the most common business litigation claims and how to avoid them with the help of a qualified business attorney. Breach of Contract When one side or the other fails to hold up their end of a Read More

Understanding Data Privacy Laws as a Small Business Owner

When conducting business, how do you gather sensitive information, and what sensitive information do you gather? This could include, for example, any of the following: Social security numbers Addresses Full legal names Email addresses Passport numbers Driver’s license numbers Vehicle registration numbers Dates of birth Log in credentials Credit card numbers Personal health Read More

Miami Business Law Attorney Discusses Terminating Employees

If you own a business with employees, sooner or later you will likely decide that one of your employees needs to be terminated. Whether you plan to fire someone for theft of items on a construction site, because they can’t handle the requirements of the job, or because they simply aren’t a good fit for the company, terminations are inevitable. State and federal laws dictate the proper procedures for terminating an Read More

Hurricane Season Starts June 1 – Are You Ready?

Hurricane season starts June 1 and is predicted to be very active this year.  If you haven't already done so, review your insurance policies and make sure you are covered.  If you need an insurance review, we offer this service for an affordable fee. THINGS TO CONSIDER: Does my policy include windstorm/hurricane coverage? Some policies have a windstorm and/or hurricane exclusion. Don't rely on your agent's Read More

A Business Attorney Discusses: Hiring Practices

Before you hire your first employee, and before you hire each subsequent employee, it is a good idea to review your hiring practices.  Whether writing a job posting, recruiting potential hires, or interviewing and onboarding, there are steps you should (and shouldn’t) take.   Below, your Miami business law attorney, Marisa Portuondo, discusses some of the basics. When You Need Another Employee Whether it is your Read More

Understanding 1099 Workers and Your Business

As a business lawyer, I am often asked questions about 1099 workers.  Unfortunately, running a business isn’t just about doing what you love.  It is also about making sure you are in compliance with the law and on the right side of the Internal Revenue Service (IRS).  Understanding 1099s and when they should be issued is one of many critical components to running a successful business. What is a 1099 Form? A 1099 Read More

All Start Ups Should Start with a Lawyer

If you are planning a start up, consider starting with a business lawyer.  While some may think a business lawyer is a luxury, in fact, a business lawyer is a critical partner in your start up.  The cost of not having a business lawyer working with you on the ground floor could be a shaky or unstable foundation for your business that could result in even more expensive costs later. At Portuondo Law Firm, P.A., we Read More

Partnership and Operating Agreements: Why You Need One

Starting a new business is an exciting venture, but partnerships can be difficult to maintain without the proper foundation. A partnership or operating agreement is an essential business document for any new venture involving multiple individuals. Agreeing on expectations and obligations at the onset of a business relationship is crucial to a lasting, positive partnership. Drafting partnership and operating Read More