Florida Business Attorneys Giving You the Representation You Need to Protect Yourself in Breach of Contract Cases

An old saying goes that a person’s word is their bond. This is a concept that United States law has taken seriously. In America, contracts are considered an extension of a person’s given word. Once someone agrees to something in writing, that contract becomes binding. Contracts in the United States are incredibly complex documents compared to other countries. This reflects the value American society places on an individual’s stated intentions, promises, and agreements.

Breaching a contract is the legal equivalent of breaking one’s word. Because of the high premium placed on contracts in the United States, it is considered a serious issue if one or more parties breach a contract. This is why multiple legal remedies are available for parties seeking compensation in the event a breach of contract occurs.

What is Breach of Contract in Florida?

Breach of contract occurs when one or more parties to a contract fail to fulfil their legally binding obligations. It may also happen if one or more parties engage in behavior violating stipulations in the contract. Examples of breach of contract may include but are not necessarily limited to:

• Breaching a LLC Operating Agreement or Corporate Shareholder Agreement
• Failure to Provide Goods or Services
• Failure to Pay for Goods or Services
• Breaching a Non-disclosure Agreement
• Failure to Meet a Deadline
• Violating a Non-Compete Clause

Another form of contract breach is anticipatory breach of contract. This occurs when a person or persons sign a contract and then make known their intention not to fulfill the stipulations of the contract.

Any form of breach of contract is considered a violation of that contract under Florida law. There are multiple avenues a person or business can pursue to seek compensation in the event someone has breached a contract.

What are My Options if Someone Breaches a Contract in Florida?

Contracts are civil agreements. This means the police or other law enforcement personnel cannot enforce them. Except in exceptional circumstances, you cannot call the police to force someone to abide by the stipulations of a contract. An exception to this may be a landlord who can have the police evict tenants for non-payment of rent under certain circumstances. For the most part, breaches of contract are handled through civil courts. Fortunately, civil courts provide individuals and businesses multiple opportunities to seek compensation for breached contracts. The civil courts also allow the opportunity for individuals to attempt to enforce contracts that another party has breached.

One option available is mediation. In mediation, a neutral mediator is agreed upon by all parties subject to the contract. All parties present their cases to the mediator, who recommends a course of action. Mediation is non-legally binding, and one or more parties may not be satisfied with the decisions reached by a mediator.

A step up from mediation is arbitration. Similarly to mediation, all parties will agree upon a neutral arbitrator or panel of arbitrators. Unlike mediation, the arbitrator’s decision is legally binding, and all parties must abide by it. Failure to comply with the arbitrator’s ruling may constitute further breach of contract.

Another option is direct negotiation. In direct negotiation, the parties work one-on-one with the assistance of attorneys to attempt to reach a resolution. Direct negotiation eliminates the need to bring third parties into the dispute. However, direct negotiation may not be possible depending on the type of breach and any potential hostility between the parties.

Another option is to file a lawsuit. This can be potentially expensive and requires the filing party to appear in court before a judge. However, if the party in breach continues to refuse to uphold its end of the contract and other means of resolution have proven ineffective, going to court may be the best option.

What Happens if I Win a Lawsuit for Breach of Contract in Florida?

If you file a lawsuit against a person or business for breach of contract and win, the court can award you damages. These damages can include compensation for any money lost due to the breach of contract as well as court and attorneys’ fees. If the other party fails to pay you according to the court order, you are provided with multiple legal options to seek compensation.

One example is filing a writ of garnishment. A writ of garnishment allows you to request that the court contact the other party’s employer and instruct them to garnish their wages until you have been compensated according to the outcome of the suit. Under Florida law, wage garnishment is governed by Florida Statute Chapter 77. Florida’s Garnishment Statutes cap the amount of money that can be garnished from a person’s wages. However, it may prove an effective tool for receiving compensation in the event of breach of contract.

A writ of garnishment is only one option available if you win a lawsuit for breach of contract. Going to court and collecting on any judgment can be an incredibly complex and challenging process. This is why if someone has breached a contract with you or your business, consulting with an experienced business attorney is vital.

What Should I Do if Someone is in Breach of Contract in Florida?

Breach of contract is serious. It can bring business operations to a halt, impact profit, livelihood, and have numerous unforeseen consequences. People who breach contracts should be held accountable. That’s why if someone has violated a contract with you, you should immediately contact Bloodworth Law, PLLC, located at 801 N Magnolia Ave, Suite 401,Orlando, FL 32803.

The attorneys of Bloodworth Law, PLLC take breach of contract cases seriously. They believe a person’s word truly is their bond and understand how frustrating it can be when someone breaks their word. They know the impact a breach of contract can have on a person or a business. They can review your case and help you determine the best means of seeking compensation, whether that’s going into arbitration or filing a lawsuit against the party in breach. They can also help you navigate the process of collecting on any judgment you receive due to a breach of contract lawsuit.

People should say what they mean and mean what they say. This includes signing contracts. If someone has breached a contract with you or a loved one, don’t hesitate to contact Bloodworth Law, PLLC at 407-449-8958 or email them for a free consultation.