Breach Of Contract Attorneys
Contracts are an essential element of any business’ day-to-day operations. From internal employee compensation to external delivery of goods and services, most business transactions involve some form of a contract or agreement, whether they are written or oral. When one party fails to abide by the terms of a contract, a myriad of rights and remedies may be available to deal with a breach of contract. An experienced breach of contract lawyer can help businesses and individuals with a potential contract dispute seek restitution either in court or outside of court.
What is a contract?
Simply put, a contract is a written or oral agreement that is intended to be enforceable by law. While many people think of contracts as exclusively written agreements, Florida law also accepts some oral (that is, unwritten) agreements as having the same legal enforceability as a written contract. Generally, however, written contracts are easier to enforce than oral ones. For a contract to exist, a number of conditions must be met. For example, both parties must have entertained the offer of a contract, accepted the terms of the contract (such as by putting their signatures to a written contract), and there must have been some sort benefit or legal detriment to the parties to the contract (often referred to as “consideration”).
What is a breach of contract?
A breach of contract occurs when the bargained-for terms of the contract are violated by either party. The severity of the violation will have important implications for pursuing a breach of contract claim. A fundamental breach, for example, where one party’s action goes against the essential terms of the contract is often so serious that the other party is no longer considered to be bound by the contract. A material breach may or may not have been a fundamental breach, but it does trigger certain options that the harmed party may choose to either enforce performance of contractual obligations, or sue for damages. This is where our experienced contract lawyers can help.
There are as many potential examples of breaches of contracts as there are contracts. If, for example, a homeowner enters into a contract with a landscaping company for services on his or her yard on a weekly basis, but subsequently discovers that the company has only been carrying out its duties once every two weeks, then the landscape company would be considered in breach of its contract. employment contracts are also a common source of breach of contract disputes. Employees in such disputes, for example, may claim that they were not compensated for whatever services they performed for their employer in accordance with their contract. An employer, on the other hand, may argue that an employee is in breach of his or her contract if that employee fails to perform the tasks and duties that are part of his or her employment.
A non-material breach may also occur, but because these are minor breaches that typically do not leave either party suffering from any serious financial loss, they are more difficult to remedy through court involvement.
Some contracts stipulate what damages, such as financial compensation, will be available if the terms of the contract are violated. However, many contracts do not specify what the repercussions of a breach of contract are. Thus, injured parties usually have to pursue their claims through the courts. Even when the contract does specify damages for an injured party, legal action may still be necessary to ensure that those damages are awarded and enforced. A court can remedy a breach of contract in a variety of ways. The court may order one party to undertake certain actions that would remedy the breach, or the offending party may be ordered to provide financial compensation to the injured party equivalent to the losses suffered as a result of the breach.
Defending your rights
Today, lawsuits for breach of contract are often an inevitable consequence of doing business. Florida law provides for certain defenses available to an alleged breaching party to a contract. If you are being sued for breach of contract, call our experienced contract lawyers to discuss your options.
Anybody who is pursuing or defending against a breach of contract claim should contact a lawyer right away. Contract disputes can become extremely technical and they often present unique challenges for both parties. An experienced lawyer will be able to offer clients the dedication and advice they need in order to know how to proceed with a claim.