Breach of contract lawyer Miami

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Contracts are the foundation of any business deal, but they are also the primary source of business litigation. A breach of contract lawyer Miami can enforce these contracts and successfully defend against a breach of contract lawsuit. Gallardo Law Firm’s goal is to find a satisfactory way to resolve contractual disputes. First, a breach of contract lawyer Miami will verify whether a contract exists and its validity. Oral contracts are also legally binding as long as your breach of contract lawyer Miami can prove both parties’ participation. However, it is best to have it in writing.

Not all breaches of contract are the same. There are minor breaches and major ones that deprive a party of nearly everything promised in the contract. We will take a look at some of the types of breach of contract and the legal remedies for them. Whether you want to find out about your contract’s statute of limitations, how you can sue for breach of contract and other contractual disputes that may arise along the way, a breach of contract lawyer Miami can help you resolve your manner promptly.

What is a breach of contract?

A breach of contract occurs when one or multiple parties don’t abide by the contract’s stipulations, which may include using inferior quality goods, failure to deliver them, pay or complete a job on time. A breach of contract lawyer Miami will determine some things such as if the contract required the performance in question, whether the Florida breach of contract law was violated, how was the contract breached, and whether it was excused. Unfortunately, some contracts fail to include details about the consequences of a breach of contract. These situations often demand the assistance of a qualified breach of contract lawyer to help figure out what’s the best course of action.

Experience with different types of breach of contract

The contract always outlines each party’s responsibilities and holds them accountable. Unfortunately, that is not always the case. Sometimes you have to take your breach of contract case to someone familiar with this type of scenario. Your breach of contract lawyer can help you determine the best legal action depending on the type of violation. But in order to do, you must first figure out which kind of breach you have experienced.

Minor or Partial Breach

A minor or partial breach of contract is when a contract was partially broken. In other words, one party failed to keep his end of the bargain. While a minor breach is less severe, it can also be a big deal. The remedy is to provide compensation for the portion of the contract that was violated and unfulfilled duties thereof. All parties should maintain their responsibilities under the contract. Sometimes even a small detail can lead to significant mistakes and cause a considerable impact on the rest of the contract. In some instances, a partial breach of contract becomes a material breach.

Material Breach of Contract

A material breach is when a party doesn’t fulfill a large part of the obligations specified in the contract, leading to significant consequences of breach of contract. The judgment of a material breach is based on the nature of your breach of contract case. The party affected by these actions can either keep the contract or terminate it. Some things that could determine whether a contract dispute case is a material breach include:

  • The reasons for the mistake, whether it was intentional or an act of negligence.
  • The portion of the contract that was completed by the breaching party.
  • Whether the breaching party will continue to carry his obligations from that point forward.
  • The number of benefits the affected party collected so far.
  • Whether compensation is possible.
  • The consequences excusing the breaching party have over the affected party.

Anticipatory Breach of Contract

An anticipatory breach of contract occurs when there is repudiation by one of the parties before fulfilling his or her obligations as stated in the contract. Courts recognize some types of repudiation:

  • Express repudiation – This is when one of the parties makes a positive or unconditional refusal. In other words, they express their intentions of not going through with the contract.
  • An explicit action that makes it impossible for the other party to perform – Some reckless actions can become a sign that a party has repudiated the initial agreement.
  • A party transferred the property to a third party - Some examples of this are when a party makes a deal to handover the property to someone else not included in the contract or when a party never hears from the other party.

Fundamental breach

A fundamental breach is an essential breach of a contract, which will allow one of the parties to end the contract and sue for damages. In other words, a breach of contract that causes one of the parties to stop receiving what’s expected from the contract will entitle the affected party to sue the breaching party for the damages incurred. If the party in breach didn’t anticipate such circumstances, he might also have a case.

Legal representation in breach of contract disputes in Miami

Contracts define the rights and responsibilities of all parties involved in the agreement. They help establish expectations concerning duties and compensations. At Gallardo Law Firm we handle a variety of contract dispute cases.

Suing for breach of contract

Contracts are necessary for any business to be successful. Whether the relationship between you and other party was sealed with a written or an oral contract, there is no guarantee that a dispute won’t arise. When one of the parties fails to do what stated in the contract or do something that was not agreed upon, the affected party can sue for alleged breach of contract Florida. A breach of contract lawyer can file a breach of contract lawsuit on your behalf. Your complaint will seek an award for the damages for breach of contract caused; including any interest due since the breach of contract Florida occurred, and attorney fees. The most important elements to keep in mind when suing for breach of contract include:

  • Verify whether the contract existed.
  • Confirm whether the contract was broken.
  • Estimate the losses.
  • Prove that the party you are suing for breach of contract was responsible for the damages suffered.

What damages for breach of contract you can recover?

The amount of compensatory damages someone can recover in a breach of contract case is determined by the amount required to make them whole. For example, the value of services that was supposed to be rendered can become part of the damages for breach of contract. Sometimes a monetary compensation is not sufficient to make the aggrieved party whole. In such cases, specific performance may also be ordered. The affected party can also request the court to cancel the contract, so they go back to the position they were initially before entering into the contract. If the aggrieved party can prove that the breach of contract Florida was intentional, punitive damages may also be available. Notwithstanding the amount of the damages for breach of contract awarded, legal fees and other expenses are usually covered.

Breach of contract statute of limitations

The statute of limitations is the time window for filing your lawsuit in your state. In Florida, the time limit for verbal contracts is four years and five years for a written contract. If you are not sure about the time your breach of contract lawsuit must be brought to court, contact a breach of contract lawyer from Gallardo Law Firm.

Other contractual disputes we handle

Minor and material breaches are the most common types of breaches. However, a total breach is also possible. That’s when a party fails to complete the contract as a whole. It is important to note that not all breaches are the same. To move forward with your breach of contract case, you have to make sure it meets some standards. There are also fundamental breaches, which can end up in court as well. For instance, if you signed a lease for a new place, and then you find out someone else lives there, you can sue for damages and rent the residence as agreed.

Some of the contractual disputes we handle at Gallardo Law Firm include:

  • Purchase and sales agreements
  • Service agreements
  • License agreement
  • Warranty agreements
  • Landlord and tenant agreements
  • Contractor and construction agreements
  • Real estate contracts
  • Commercial leases
  • Security agreements

Contact a breach of contract lawyer Miami to enforce your rights

If you are not sure about which laws apply to your specific situation, it is best you ask an experienced breach of contract lawyer Miami about your options for dispute. Strong legal representation can bring people to their senses. There is always a cost for breaching a contract, which the breaching party should be responsible for. However, breach of contract litigation can be costly and time-consuming. Under some specific circumstances, other approaches such as negotiation or arbitration may be more effective than the traditional breach of contract lawsuits.

FAQS
It is a bit difficult to prove a verbal contract without a written agreement, but it is possible. Just keep in mind that the other party may not be aware there was such a thing as a verbal agreement and much less that it was legally binding. That is why hiring adequate legal representation is so crucial. Your breach of contract lawyer can investigate and assess your situation, make sure your rights are adequately protected, and help you enforce the agreed upon contract.
There are only a few contracts that need to be in writing: real estate, marriage, financial agreements regarding paying someone else’s debt, contracts related to a person’s estate, or any contracts that may take longer than one year to complete.
Contracts help both parties understand their responsibilities as stated in the contract. They can ask any questions they may have before signing the contract and consult a contract dispute attorney to determine whether the contract contains any ambiguities. Lastly, it helps the court knows the exact terms of the contract instead of relying on each party’s understanding of the terms.
A contract that requires illegal activities is not legal. There are some services and goods that are legal in one country and illegal in another. Therefore, the contract is unenforceable if the actions or good specified on the contract are illegal in the country the contract is executed.
The relief or “remedies” includes damages for breach of contract, cancelation of restitution, and specific performance. The compensation received is based on the circumstances surrounding your breach of contract case.
An agreement / Performed by competent parties / Reliant upon their honest understanding / Reinforced by respect / Made for a legal purpose / In the form legally required
A contract made in compliance to legal requirements is valid while a contract can be voided if its execution was affected by some specific circumstances contrary to what’s stated on the contract or if one of the parties lacks capacity. There are times when a party is forced to sign an agreement against his will. A void agreement has no legal effect.
An executory contract is the contract that was performed with nothing undone. An option contract gives the right to one of the parties to enter a second contract later on.
Your contract can be avoided when you rely on someone else’s explanation of the contents of the contract. However, that is only possible under some specific circumstances: • Your reliance upon another party is justified • The explanation provided was incorrect.
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