Imagine the ideal business world – where every business follows every term of a contract diligently and there is no problem. However, the real world is not such an easy place. Unexpected results, not carrying out the terms properly or not carrying out these at all are frequent. This could spell trouble for the other party involved in the contract.
In such a situation, the most important thing to do is get in touch with a commercial litigation lawyer proficient in Florida laws. Any breach of contract may mean financial losses and unnecessary trouble for your business. You need a legal advisor to assess whenever you have adequate grounds to claim damages for this breach.
Challenging a break at court requires it to have a 'material' purpose. Suppose the failure to timely certain tools, from a business with which you have a contract, prevent your business from manufacturing a bulk order. If your lawyer is capable to establish that you suffered losses because of this breach, there are material grounds for filing a suit.
When there are adequate grounds for you to recover damages because of the breach, your lawyer is best suited to tell you which method to opt for. If the case involves less than $ 5,000 worth in damages, you may seek dispute resolution at a Florida small claims court. You may also choose alternative dispute resolution methods –
Mediation – having a mediator review the case
Arbitration – having a binding arbitrator work out a resolution
If all these attempts fail, you need to ask your Miami commercial litigation lawyer to file a suit. Choose a qualified and experienced litigation expert for proper presentation of your case at court. If you can establish that the break had an adverse effect on your business, you may be able to get a legal remedy.
Specific Performance: this involves the court ordering the breaking party to perform the duty as the terms of the contract specify. This is, however, available if the subject matter of the contract is rare or unique.
Damages: the objective is to compensate for the damages the non-breaking party sufferers or to punish the breaching party. The different types are as follows:
Compensatory damages – the monetary loss for the breach, or its consequential action
Liquidated damages – as specified as a term in the contract
Punitive damages – to punish the breaching party
Cancellation and Restitution: your commercial litigation lawyer may ask for cancellation of the contract, where all parties obtain relief from all obligations and later sue for restitution, ie the breaking party needs to pay for the work or do it themselves.