Warren Gammill & Associates, P.L.Warren Gammill & Associates, P.L.2026-05-18T19:24:45Zhttps://www.gammilllaw.com/feed/atom/WordPress/wp-content/uploads/sites/1304410/2020/02/cropped-3384328_Site_ID-32x32.pngOn Behalf of Warren Gammill & Associates, P.L.<![CDATA[The economic impact of construction delays]]>https://www.gammilllaw.com/?p=695862026-01-15T12:26:57Z2026-01-15T12:26:57ZWhy delays can prove costly
Generally speaking, both wages and prices for goods slowly appreciate over time. Therefore, delays in large construction projects can result in budgetary shortfalls as the costs of skilled services and materials increase from quarter to quarter.
Additionally, delays in project completion can trigger a host of secondary expenses. Businesses may have to wait months before they can open their premises and begin conducting business as normal. Residential clients may have to pay for alternate housing for months.
Typically, construction firms taking on significant projects integrate terms related to unforeseeable delays into the contract. Clauses acknowledging that delays could occur can help limit their liability in the event of uncontrollable circumstances, such as supply chain disruptions, causing substantial delays.
The company may not be able to control the issues that cause delays in the proposed timeline for the project. Most of the time, prompt communication with the client about the cause of the delay and the estimated impact on the timeline for the project is crucial.
Ensuring that clients are aware of changing circumstances and integrating proper protections into contracts can help limit the risk of construction litigation. Business leaders facing financial claims due to project delays may need help protecting their company's reputations and finances when responding to construction-related lawsuits that do arise, and that’s okay.]]>On Behalf of Warren Gammill & Associates, P.L.<![CDATA[Breach of contract vs. breach of fiduciary duty: How they differ]]>https://www.gammilllaw.com/?p=695842025-12-23T09:20:54Z2025-12-23T09:20:54ZWhen individuals or entities fail to fulfill their duties or abuse their authority, businesses can take legal action against them. There are different types of breaches, and determining which type applies to a particular situation can be tricky without the appropriate guidance.
Two types of breaches that are often confused with one another are breach of contract and breach of fiduciary duty. A breach of contract may not involve a breach of fiduciary duty. However, a breach of fiduciary duty generally includes at least one breach of contract. Let’s take a brief look at both.
Breach of contract
A breach of contract occurs when any party to a legally binding agreement fails to fulfill at least one of its terms. This often involves failing to finish a project on time, deliver a product or make the agreed-upon payment by the due date.A well-written contract allows for exceptions when necessary. This is often done with a force majeure clause that provides relief from litigation if there’s an unforeseeable event, like a hurricane, that makes it impossible to abide by the stated deadline or a sudden and unexpected increase in prices that raises the cost of a project.
Breach of fiduciary duty
For someone to be guilty of a breach of fiduciary duty, there has to be a legally recognized relationship that requires them to act in the best interests of another party to a contract or a larger entity.People and business entities that are named executors or trustees in an estate plan, for example, have a fiduciary duty to the estate and beneficiaries. Business partners have a fiduciary duty to their fellow partner(s) and the business itself. Breaches of this duty often involve someone engaging in “self-dealing,” or making money at the expense of those to whom they have a fiduciary duty. Negligence and incompetence can also potentially constitute a breach of fiduciary duty. To prevail in a legal action involving either of these breaches, a plaintiff needs to show that they suffered or are likely to suffer financial harm. The longer a breach remains unknown or is ignored, the more damage the breaching party is likely to do. That’s why it’s critical to get experienced legal guidance as soon as possible. ]]>On Behalf of Warren Gammill & Associates, P.L.<![CDATA[When a signed contract is deemed invalid]]>https://www.gammilllaw.com/?p=695832025-12-14T18:02:39Z2025-12-14T18:02:39ZMost people sign contracts believing they’ll bring certainty. After all, a signature is supposed to mean that everyone is on the same page and ready to move forward.
So, it can be deeply unsettling when that certainty suddenly vanishes overnight. Being told that a signed agreement is suddenly “invalid” can feel confusing, frustrating and overall unfair.
Understanding claims that a contract is invalid
When one party claims a contract does not exist or should not be enforced, it is rarely as simple as they make it sound. These arguments may involve allegations such as duress, misrepresentation or claims that key terms were missing or misunderstood at the time of signing. In some cases, a party may argue that they did not have the legal capacity to enter into the agreement or that the contract violated public policy.These disputes can feel personal, especially when trust was involved. People may feel blind sided when a business partner, employer or other party suddenly denies obligations they once agreed to in writing. While these claims can be extremely emotionally draining, they are also very fact-specific and depend heavily on the circumstances surrounding the contract’s creation.Documentation becomes critical when fighting claims of invalidity. Emails, text messages and witness accounts can all help show that both sides understood and accepted the agreement. Courts often look beyond the signature itself to determine whether there was a true meeting of the minds and whether the agreement was carried out as intended. Timing and strategy also matter. Allowing a claim of invalidity to go unchallenged can weaken a position over time, especially if deadlines are missed or evidence is lost. Addressing the issue early can help preserve rights and create clarity before the dispute escalates into prolonged litigation or financial lossContract disputes can feel overwhelming, particularly when the foundation of a signed agreement is suddenly questioned. Speaking with a knowledgeable legal professional can help you understand your options, protect your interests and work toward a resolution that brings stability and peace of mind.]]>On Behalf of Warren Gammill & Associates, P.L.<![CDATA[When does an unpaid commercial debt become a legal claim?]]>https://www.gammilllaw.com/?p=695812025-11-27T16:20:08Z2025-11-27T16:19:01ZThe transition lies in a breach of contract
Technically, you can file a legal claim against your client once they fail to meet the payment terms in your written contract. If they fail to settle their debt on the specified date, it constitutes a breach of contract. This breach can result in damages to your business, which allows you to sue for full recovery.
The action plan you must take after a breach occurs
While filing a case is an option, consider treating it as a last resort, as it can be a costly and lengthy ordeal. Instead, establish a paper trail that demonstrates good faith, which includes these steps:
Review your contract: Check the payment terms, clauses and other essential information.
Send a demand letter: Inform your client about their outstanding balance and demand payment by a specific date while referencing the contract.
Grant a cure period: Give your client the appropriate time to fix their breach according to your contract, if applicable.
When executing these steps, always maintain open communication with your client. Not only can this clear misunderstandings, but your conversations can serve as evidence.
Escalating to litigation
If your client refuses to settle or negotiate their debt, filing a lawsuit can help you address the unresolved issue. However, you must do so within five years to avoid having your case dismissed. Consider seeking legal counsel from a business law attorney to help you navigate the legal process.]]>On Behalf of Warren Gammill & Associates, P.L.<![CDATA[Did a commercial landlord violate an exclusive use clause?]]>https://www.gammilllaw.com/?p=695802025-11-25T04:03:19Z2025-11-25T04:03:19ZWhat is an exclusive use clause?
An exclusive use clause effectively protects a tenant from operating in close proximity to a business that performs the same functions. An exclusive use clause could prevent a landlord from leasing two units in the same shopping mall to different shoe stores, for example.
If a landlord rents a nearby or adjacent unit to a business in the same industry that offers the same goods and services, the commercial tenant who signed their lease earlier may have grounds to take legal action. The violation of an exclusive use clause could cause a significant decrease in company revenue. Tenants could seek damages. They could also ask the courts to allow them to terminate the lease.
Reviewing a commercial lease can help frustrated business tenants understand their options. When landlords don't respect the terms of the leases they signed, tenants can sometimes take action to hold them accountable.]]>On Behalf of Warren Gammill & Associates, P.L.<![CDATA[Does price fixing constitute an actionable business tort?]]>https://www.gammilllaw.com/?p=695792025-11-19T17:55:12Z2025-11-19T17:55:12ZPrice fixing is unlawful and harmful
Federal antitrust regulations address price fixing and other attempts to manipulate the market. Technically, businesses and service providers have the authority to price their goods and services however they choose.
However, their decisions can represent unfair competition in scenarios where they attempt to damage a competitor’s market share. Price-fixing schemes involve two or more professionals or business owners working cooperatively to manipulate the market.
Often, price fixing involves undercutting a successful company’s pricing, possibly by lowering prices to an unsustainable point. The goal of price fixing is to push out competition and force competitors to relocate or close.
Those with evidence that competitors cooperated to manipulate pricing and consumer decisions may be able to take legal action against competitors involved in the scheme. Discussing suspicions of price fixing with a legal professional can help frustrated business leaders evaluate their options, including business litigation.]]>On Behalf of Warren Gammill & Associates, P.L.<![CDATA[The 2 main types of defamation]]>https://www.gammilllaw.com/?p=695782025-10-29T16:08:28Z2025-10-29T16:08:28ZWe recently discussed how defamation from a competitor can harm your business. Certain statements could cause significant harm to your reputation, perhaps eroding your customer base and costing you sales. You may even see this as a form of fraud if the other party is simply trying to influence your customers to shop at their business – and they are using defamation as a tactic to do so.
If you are considering taking legal action, one important thing to note is that there are two different types of defamation: libel and slander. How are these similar, and how are they different?
Written or oral statements
These are similar because they are both forms of defamation, where someone is knowingly making false statements about you or your company. The difference lies in how those statements are made. A written statement counts as libel, while a spoken statement counts as slander.This distinction has become more complicated over the years. Is something written on social media considered a written statement or something that a person “said”?Fortunately, this issue has been addressed, and it actually started with radio broadcasts. What the courts essentially determined was that libel is something that is relatively permanent. This could include a spoken statement during a podcast or a recorded radio broadcast. It could also involve a written statement or a video posted to social media. If something is not permanent, then it counts as slander because it is just something that people are saying in the moment, rather than recorded statements that could be broadcast to a much wider audience.Either type of defamation can cause significant harm to your business, so take the time to look into all of your legal options.]]>On Behalf of Warren Gammill & Associates, P.L.<![CDATA[Preventing construction lawsuits related to material changes]]>https://www.gammilllaw.com/?p=695772025-10-20T10:52:24Z2025-10-20T10:52:24ZHave a procedure in place for substitutions
The simplest way to minimize the risk of a dispute related to a material substitution is to advise a client of that possibility in the initial contract. Substitutions are sometimes necessary to keep the project on the proposed timeline or to stay within the required budget.
Supply chain issues have been a constant issue for multiple years, and professionals never know when they may struggle to acquire certain types of hardwood or structural steel. Communicating immediately with a client about supply chain issues and the need for a substitution is important. So is securing their approval in writing before the substitution actually occurs.
If construction professionals and executives follow the right procedures, including discussing substitutions in the contract and communicating with the client in writing, they can significantly reduce the likelihood of a lawsuit. Sometimes, even when construction professionals do everything right, clients may still try to take legal action. An assertive response is then generally necessary.
Reviewing an agreement with the client and the claims that they’ve made about a project with a skilled legal team could help those facing construction litigation settle a contentious matter amicably or prepare for court to minimize the damage caused by an already-filed lawsuit.]]>On Behalf of Warren Gammill & Associates, P.L.<![CDATA[Do commercial leases give you the right to change your business?]]>https://www.gammilllaw.com/?p=695762025-10-08T17:04:48Z2025-10-08T17:04:48ZIt depends on the situation
There is no one-size-fits-all answer to this question, and moving to another line of business is not always allowed. Sometimes, it is the local planning authorities who prohibit it. For example, let’s say you open a clothing store in the space you lease and wish to change to running a takeout there instead. Zoning laws might not allow places selling food on that block. While you could apply for an exception, there is no guarantee you would get it.
The owner of the premises might also try to stop you. They may have put a use of premises clause in the contract you signed that limits what types of businesses are allowed. Maybe there is no clause, but they insist that you cannot make the change. If you find yourself in a dispute over your commercial lease, it’s wise to get experienced legal guidance to explore your options.]]>On Behalf of Warren Gammill & Associates, P.L.<![CDATA[Holding a lawyer accountable for causing you harm]]>https://www.gammilllaw.com/?p=695752025-10-08T15:22:57Z2025-10-08T15:22:57ZWhen you hire an attorney, you place your trust in their experience, professionalism and ethical obligations to act in your best interests. Unfortunately, not all attorneys meet these standards.
If a lawyer’s negligence, misconduct or breach of duty directly causes you harm—whether financial, legal or personal—you may have grounds for a legal malpractice claim. Holding a lawyer accountable isn’t just about seeking justice for yourself; it can also help to more broadly protect the integrity of the legal profession and prevent similar harm to others.
Legal malpractice claims: The basics
Legal malpractice occurs when an attorney fails to perform according to the accepted standards of legal practice, and that failure results in damage to their client. Common examples include missing deadlines, failure to file critical documents, conflicts of interest, providing inaccurate legal advice, and failing to communicate important developments in a case. Not every mistake rises to the level of malpractice. The key issue in a potential malpractice scenario is whether an attorney’s actions—or inaction—fell below a reasonable standard of care and directly caused their client to suffer a loss that they wouldn’t have otherwise experienced.If it seems like you might have grounds for a malpractice claim, it is a good idea to speak with a legal team skilled in this area of law. To pursue a legal malpractice claim, you generally must prove four elements: an attorney-client relationship existed, that the attorney breached their duty of care, that the breach caused harm and that you suffered measurable damages. A successful claim will likely be able to clearly demonstrate that, but for the attorney’s negligence, the outcome of your case or transaction would have been different. Holding a lawyer accountable through a malpractice claim is not about retaliation—it’s about responsibility. Attorneys have a duty to uphold the law and to protect their clients’ interests. When they fail to do so, aggrieved clients have the right to seek meaningful redress. ]]>