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Breach of Contract Lawyers in Orlando, FL
Breach of Contract FAQs
What is a Breach of Contract?
A breach of contract occurs when parties have entered into a valid and binding contract and then one of them breaches it by failing to perform some provision of the contract.
In a lawsuit setting, a client would consult with me about the contract. I would then, on behalf of the client, prepare a demand letter based on the type of contract that has been breached and what they are seeking in relief.
In breach of contract disputes, there are three elements that must be met to qualify for a lawsuit.
First, is that there was a valid and binding contract signed between the two parties.
Second, is that one of the parties had breached the contract, such as not paying the other party or failing to perform certain services that they were contracted to do.
And third, is that the non-breaching party suffered damages as a result of the breach, such as a loss of money.
What Happens in a Breach of Contract?
A breach of contract dispute is the legal name given to a situation in which a person or company does not comply with a contract.
A breach of contract most commonly occurs when a party supplies goods or services and the other party fails to pay for it, or vice versa. If one party pays for the goods or services and the other fails to provide them or provides them in a way that does not comply with the agreement, that contract is breached.
Can I Sue for Breach of Contract?
Yes. A breach of contract is one of the most common causes of action in business litigation. The contracts at issue can vary wildly, but ultimately, it comes down to the same few elements. If a plaintiff can provide evidence to support these elements, then yes, you can open a contract dispute case.
Contact one of our experienced contract lawyers today if you can answer “yes” to the following questions:
Was there a valid contract between the parties?
Did the defendant materially breach that contract?
And if so, was the plaintiff then financially injured as a result of that breach?
What is Florida Breach of Contract Law?
In Florida law, these are specific elements that have to be pled for breach of contract cases. These elements are:
1. There Was a Contract: Party A entered into a written contract with Party B, and Party A and Party B agreed to do certain things pursuant to the contract.
2. A Breach of Contract Occurred: You need to have suffered a material breach of the contract. Party A did not perform services or pay as outlined, or vice versa.
What is a Contract?
Many business litigation issues arise over contract. Often, contract disputes will come down to the fine details within a contract. So, what is a legally binding contract?
A legally binding contract is an exchange of legally enforceable agreements between two or more parties. A contract also includes three primary elements:
There’s an offer: An offer is when someone offers to do something for another party. It can be services, a sale of goods, or a great number of other things.
There’s an acceptance: An acceptance means that the party to whom the offer is made has the authority and the ability to accept it, and can indeed accept and agree to it. “Yes, I agree to purchase those goods or purchase those services from you.”
There’s a consideration: Consideration means that the parties bargaining with each other agree there is something like consideration that is of value to each party.
Those are your basic elements for a contract to be legally enforceable in Florida.
Is Your Contract Legally Enforceable?
A contract also has other requirements that make it legally enforceable. A contract must be entered into between parties that have the capacity to contract.
An example would be if a minor entered into a contract. Minors by definition of law lack the capacity to contract.
Entered Into Voluntarily?
Another example of a requirement of a contract is that it must be entered into voluntarily, meaning you can’t force someone into contract. It has to be an offer and acceptance between parties who are willing to do so without any force involved.
Exchange or Bargain
A contract must also include an exchange or bargain. This is similar to a consideration. The parties are bargaining with each other for what exactly they want.
For example, Party A may say, “I will sell you 100 widgets at one dollar each.” Party B can say, “No, I think that’s too high. Let’s make it 90 cents per widget.” That is something that is required in a contract. There must be a bargain and exchange.
Illegal Contracts are Unenforceable
And finally, a contract cannot be for something illegal. If parties contract to do something that is illegal, that contract is void by law and is unenforceable.
Those are the basic terms of a legally recognized contract. If you are having a contract dispute, contact our law firm today to speak with an experienced contract attorney.
What’s a Material Breach of Contract?
A material breach of contract is something that makes the objective of the contract not accomplished. For example, say Party A enters into a contract with Party B to purchase widgets.
Party A says, “I will pay you $1,000 for 10 widgets.” Party B agrees, “Yes, I will supply you with 10 widgets upon receiving $1,000.” Party A pays Party B $1,000 and then Party B only supplies 5 widgets.
This would be a material breach of contract because it has only been 50% complied with and Party A has not received all of the goods for which was contracted.
What are Damages for a Breach?
The third element for a breach of contract is damages. What damages did someone suffer as a result of the breach?
Let’s go back to our widget contract dispute. Party A has suffered damages because they did not receive the widgets they paid for from Party B. Now Party A can sue for damages.
The original terms were 10 widgets for $1,000, or $100 per widget, so a proper remedy may be for Party B to pay Party A $500 of the purchase price. There are other potential damages available, but that is a basic explanation of how breach of contract law is in Florida.
When Do You Need a Breach of Contract Attorney?
If you’ve reached the point where a contract dispute is not being settled, you will need a contract lawyer.
Contract attorneys will prepare an entire demand package with a draft complaint to let the party know that should they fail to correct this right away, you will be filing a lawsuit immediately.
Depending upon the type of relief sought–be it either monetary, for some other kind of event to occur, or to correct the breaching action on a contract—an attorney will ask what you want corrected.
If the breaching party corrects the action, the breach of contract is corrected and your case is complete. If the breaching party does not correct the breached action, your attorney will do whatever it is that you are demanding through a lawsuit.
In a breach of contract lawsuit, your Orlando contract lawyer will file a lawsuit on your behalf. A breach of contract action may last 18 to 24 months like most business lawsuits.
If you’ve had a situation where a client, a partner, a shareholder, a business that you work with has breached an agreement and will not right the wrong committed, it’s a good idea to begin talking with an experienced business litigation attorney. Find out where you stand and what legal actions can be taken to right the wrongs committed against you or your business. Contact our law firm today to start your case.
What is a Breach of Note?
A breach of a note is where someone loaned money and they want it back. It’s a breach of some type of a business agreement like, “I hired Don to develop an app and paid him and he didn’t do it and I want my money back.”
What is Specific Performance?
Specific performance is a remedy to a breach of contract situation and means you are entitled to what is specified in the contract.. The most common use for specific performance as a remedy is found in the realm of real estate.
For example, if you contract to purchase a house and you get beyond the inspection period, during which time the contract could be revoked and then the seller decides he or she does not want to sell, you could sue based on the contract for specific performance forcing the seller to perform under the contract and sell you the house.
What is Unjust Enrichment?
So in the alternative, I would plead an equitable claim, such as unjust enrichment. Unjust enrichment means that the plaintiff conferred a benefit upon you, the defendant, and you did not pay him for that benefit.
What is Quantum Meruit?
Quantum meruit means “the amount one deserves,” and is a breach of claims that Orlando contract lawyers utilize in the event the contract seemed unenforceable or uninterpretable. It essentially boils down to “You’ve been conferred a benefit and my client is entitled to a monetary reward for that benefit.”
However, using quantum meruit will often result in having an attorney’s fee provision added on that makes it more valuable than that of an equitable claim. But, you have those claims available to you in the event the contract dispute falls through.
Similarly, let’s say plaintiff and defendant are negotiating a contract of who’s going to do what, who can do what, or has the ability to do what, and the defendant oversells their ability to perform and are aware of doing so when negotiating. That could result in a fraudulent inducement claim, where they fraudulently represented themself to get you to enter into the contract.
What Does Rescission Mean?
Rescission, a remedy in a breach of contract cases, means that the contract the parties entered into is undone.
This remedy is often sought when one party of the contract repeatedly fails to comply with its terms. The other party has then filed a lawsuit to rescind the contract and request that the court enter an order stating that it has been rescinded, is no longer in place, and that the parties involved do not have to comply with its terms.
What Makes a Verbal Contract Legitimate?
In Florida law, a contract can be written or verbal, and verbal contracts can be enforceable. A verbal contract is legitimate if it meets all of the elements required to form a legally binding agreement. That includes that the parties enter into an agreement whereby each party is agreeing to exchange something to the other.
How Long Does a Breach of Contract Lawsuit Take?
The time breach of contract lawsuits take can vary widely. Sometimes, as soon as a complaint is filed, the parties enter into contract negotiations and the case is settled quickly.
Other times, however, when a breach of contract action is filed, the parties are unable to reach an agreement and it may be in contract litigation for many months and ultimately go to trial. When a lawsuit does go to trial, the average time period is 18 to 24 months from start to finish.
What’s the Best Way to Handle a Broken Contract?
The best way to handle a broken contract is often subjective. Some people take great offense when someone breaks a contract with them. In that situation, a lawsuit is often the result. Others may not be so quick to dive right into legal action and may attempt to work something out without involving contract attorneys. Ultimately, the best way to handle a contract dispute is the client’s decision.
Typically, what happens during contract disputes is that the non-breaching party contacts an attorney or law firm. The attorney then sends a correspondence to the breaching party explaining what has taken place and why the non-breaching party believes the contract has been broken. They will request that the breaching party either corrects the breach, or enter into negotiations with the non-breaching party to resolve the issue. If that is unsuccessful, the next step is usually to file a lawsuit against the breaching party.
How Much is a Breach of Contract Lawsuit?
The value of a breach of contract lawsuit depends on the contract itself. If the goods or services that were promised are valued at $10,000, then that is the approximate value of the lawsuit.
Can I Sue Someone Who Broke a Contract?
Generally yes, you can sue someone who has breached a contract with you. The first issue to be resolved is whether or not you are within the statute of limitations, which is the time period during which a lawsuit must be filed. If it is a written contract, you have 5 years to file a lawsuit against the breaching party according to Florida law. If it is a verbal contract, then you have 4 years to file a lawsuit.
If the statute of limitations has not run out, you would then analyze if you have a valid cause of action for a breach of contract against someone. First, look to the contract’s terms. If a party has clearly violated the terms of the contract and as a result you have suffered monetary damages, then yes, you can pursue someone for a breach of contract.
Contact a Breach of Contract Attorney in Orlando
Our team at Bloodworth Law, PLLC is fully equipped to handle a variety of contract disputes. Our law firm offers business litigation and contract law services for commercial businesses, small businesses, individuals, partners and shareholders. Contact us today to speak with an experienced Orlando contract lawyer.
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