Miami Breach of Contract Lawyer

Miami Breach of Contract Attorney

Contracts are key documents that provide a legal foundation for agreements, which enables businesses to function adequately. Legal contracts can outline the terms for establishing obligations, responsibilities, and expectations for parties in the agreement. Unfortunately, if one party does not fulfill their part of the deal, a breach of contract can occur. A Miami breach of contract lawyer can assist clients with navigating these complex situations.

The legal team at the Law Office of Alexander Alvarez, PA has years of combined experience in helping individuals handle contract-breach disputes. Whether you are facing allegations that you breached a contract or need support with enforcing any legal agreement, a skilled and attentive Miami breach of contract lawyer from our firm can provide you with crucial legal guidance and advocacy.

A knowledgeable attorney can review your contract, identify the type of breach, and pursue compensation and other remedies to recover your losses.

When A Contract Is Broken, Uphold Accountability

Contracts (oral or written) are integral parts of our daily lives. Whether in a personal or commercial setting, promises are exchanged to bind parties to act or perform. These promises are not always kept. When that happens, the other party can pursue a claim for damages sustained as a result of that broken promise.

A party filing such a business or insurance claim must prove that a valid contract existed, that the other party did not keep its promise (breach), that the breach resulted in damages, and that the breaching party has no valid defenses. Damages are generally limited to monetary compensation. However, the goal of the law is to put the parties in the position as if the breach had not occurred and not to punish the breaching party.

Requirements for different types of contracts will vary by state law, while others must adhere to the statute of frauds or terms or conditions created by the Florida Uniform Commercial Code. Because such requirements will depend upon the type of contract, among other things, it is important to work with an experienced attorney from the start. Please contact us to speak with our experienced Miami business litigation lawyer and learn more about how our firm can assist your business in assessing its litigation strategy including a review of your insurance coverages, non-compete agreements, and operating/partnership agreements.

Common Ways in Which Contracts Are Breached in Miami

Contracts can be breached in a variety of ways, depending on the specific details of the case, the parties involved, and the actions or inaction of all parties. The skilled attorneys at the Law Office of Alexander Alvarez, PA are equipped with the legal knowledge and experience to help clients navigate a variety of breach of contract situations, including the following:

• Material breach. A material breach is a severe contract violation that goes against core rules and regulations in the agreement. For example, if a business contract includes the delivery of a specific number of product units, but these units are never delivered, the client could claim a material breach. Claimants could recover monetary compensation for any subsequent damages and get the contract canceled.
• Minor breach. A minor breach, which is also known as a partial breach, happens if one party does not meet some of the responsibilities or obligations laid out in the contract. These unmet obligations, however, cannot be so significant that the entire contract must be canceled. Even if the breach is minor, the non-breaching party can still seek financial compensation for damages without voiding the contract.
• Anticipatory breach. Anticipatory breaches happen when a party to a contract informs the other contracted party ahead of time that they will not fulfill certain aspects of a legal contract. This indication could be given through a written statement or suggestive actions. In such cases, the non-breaching party could take legal action before the actual breach even occurs, especially if there is clear evidence of the anticipatory breach by the other party.
• Actual breach. If one party actually fails to meet obligations brought forward in a contract by a specific deadline, the non-breaching party can file a claim to recover their damages. This form of breach is more straightforward than an anticipatory breach, as it includes facts and not just assumptions.

Whether you are being accused of potentially breaching a contract or have certain conditions of your legal contract violated by another party, an experienced attorney from the Law Office of Alexander Alvarez, PA can work to protect your interests.

Contexts for Miami Breach of Contract Cases

Unfortunately, breaches of contract can occur in various situations, but they’re most common in commercial and business settings. It’s important to understand what a breach of contract is and whether you could be involved in one. Common contract breaches include:

• Employment contracts. An employment contract is an agreement between an employee and employer that sets out the rights, obligations, and responsibilities of each party. Common Miami employment contract breaches can include wrongful termination cases, unpaid income, and failure to provide adequate break time or overtime.
• Business contracts. Enterprises may secure contracts with various stakeholders, such as partners, clients, suppliers, and vendors, to help operations run more smoothly. If a business contract is breached, this can lead to a serious disruption of the supply chain, damaged relationships, and significant financial losses. Business contract breaches commonly include failure to provide services or goods as well as delivery of defective items.
• Construction contracts. A construction project can include multiple parties, such as property owners, contractors, subcontractors, and architectural consulting companies. Having so many vested interests involved in such a project can increase the chances of a contract being breached. If the job is not done on time or the completed work is not up to specifications, this can be grounds for filing a claim for breaching a construction contract.

You may be a business owner who has a contract with an organization that did not follow through on a service agreement. Perhaps you are a homeowner who has bought real estate that was later found to have defects. No matter your situation, a skilled attorney from the Law Office of Alexander Alvarez, PA can stand up for your rights. Together, we can hold the right parties accountable for breaching their contract with you.

How a Miami Breach of Contract Lawyer Can Support Your Case

If you are currently dealing with a breach of contract, you are likely feeling overwhelmed, especially if your financial or business interests are at risk. When navigating complex contract law in Miami and the surrounding areas, it’s critical to have an experienced breach of contract lawyer on your side. Specifically, a skilled lawyer from our firm can support you with the following tasks:

• Determining whether your contract is valid
• Helping you understand how it was breached
• Collecting key evidence to build your case
• Evaluating the extent of subsequent damages
• Determining potential remedies for the contract breach
• Navigating the negotiation and settlement processes including mediation and/or binding arbitration clauses
• Pursuing litigation if needed

In addition to determining whether a breach occurred after the fact, an experienced Miami breach of contract attorney from our firm can assist you with preventing breaches from happening. We can draft well-structured and clear agreements that fully establish the responsibilities, obligations, and regulations of all parties to avoid misunderstandings later.

If you have already drafted a contract, an experienced attorney from our firm can look over your agreement to make sure it is thorough and enforceable by law. We can also include dispute resolution clauses in your contract to provide straightforward guidelines for resolving a disagreement, should one emerge.

FAQs

What Are the Most Common Types of Contract Breaches in Florida?

In Florida, the most common types of contract breaches are:

• Material breach
• Minor breach
• Anticipatory breach
• Actual breach

A material breach is a serious violation that affects core provisions laid out in the contract, giving the injured party the right to sue and cancel the agreement. An experienced Miami breach of contract lawyer can review the details of your case to determine which type of contract case you may be dealing with.

How Do Florida Courts Determine If a Breach of Contract Has Occurred?

Florida courts will analyze various factors to determine whether a breach of contract has happened, such as:

• The terms and conditions laid out in the agreement
• Whether one party did not fulfill their duties according to the contract
• If the breach was minor or material

They will also take into account whether the non-breaching party suffered subsequent damages. An experienced lawyer can examine your case to see whether a breach of contract has occurred.

What Remedies Are Available in a Florida Breach of Contract Case?

In a Florida breach of contract case, various remedies may be available to the non-breaching party, such as monetary compensation to make up for any financial losses they have suffered as a result of the breach. Any losses that are not directly tied to the breach of contract, such as a loss of business profits, may also be recovered. Further remedial options, such as restitution, may be pursued, depending on the case.

Can a Verbal Agreement Be Breached in Florida?

Yes, it is possible for a verbal agreement to be legally binding and, therefore, potentially breached in Florida if the agreement meets certain requirements. The verbal agreement must feature elements of a legal contract – which are an offer, acceptance, and consideration – for it to be potentially breached. However, it can be more difficult to enforce verbal agreements due to a lack of evidence.

How Can a Florida Breach of Contract Lawyer Help Me?

An experienced Florida breach of contract lawyer can help you by providing various forms of legal assistance, such as going over the terms and conditions of your contract to understand whether it has been breached. They can then look into various legal avenues to pursue compensation or defend against accusations of a breach.

Whether you are the breaching or non-breaching party, they can provide you with crucial legal assistance to protect your rights and interests.

Determine The Right Resolution Method

The analysis of a breach of contract claim is complex and requires an attorney with the proper experience. If you are an insurance or business client, find out more about breach of contract claims and how they can be handled in your case. Contact us online or call our office in Miami, Florida, 866-270-0589.

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