Gonzalez Law is a Miami commercial litigation firm whose attorneys represent clients in contract disputes and a wide range of other legal matters.
Breach of contract is a legal claim in which an individual or entity that is a party to an agreement alleges that another party has violated the deal or otherwise not lived up to its responsibilities. The party asserting the claim can seek compensation for the financial harm that results in a court order requiring the other party to carry out the contract.
These cases are common, but they can quickly become complicated and costly. Our Miami breach of contract attorneys help businesses and individuals tackle cases directly and resolve them efficiently. We have a track record of successful results in breach of contract cases.
How a Contract is Formed
For a contract to be legally binding in Florida, it must include the following elements:
- Offer: A promise by one party to do (or not do) something.
- Acceptance: The other party unequivocally agrees to the terms of the offer.
- Consideration: Each party must receive some sort of benefit from the agreement.
- Mutual Assent: Both sides must intend to enter into a binding contract.
An agreement that does not include each of these elements is not enforceable. The contract does not need to be in writing, but it is far easier to enforce those that are written.
A Miami breach of contract attorney at our firm can help you negotiate, draft, amend, and enforce a wide range of legal agreements.
Proving a Breach of Contract Claim
To get compensation for breach of contract, you have to be able to prove your claim. That means showing:
- A valid and enforceable contract exists in which you and the person or entity accused of breaching it are parties
- You performed your obligations under the contract
- The other party failed to meet its contractual obligations
- You have been harmed directly as a result of this breach
Most breach of contract claims are resolved without the parties ever entering a courtroom. The stronger your claim, the more likely it can be resolved through settlement on optimal terms.
Types of Breaches of Contract
There are three common ways in which breaches of contract typically occur. They happen when a party:
- Fails to perform duties under the contract
- Makes it impossible for the other party to perform
- Repudiates the contract or makes clear the party does not intend to perform
The breach itself may be minor, material, or anticipatory.
A minor breach happens when one party fails to perform a relatively insignificant term of the contract, which does not prevent the parties from carrying out their other responsibilities under the agreement. These breaches can be aggravating but often do not warrant a breach of contract suit because they result in little or no compensable harm.
A material breach is more impactful. These breaches prevent parties from fulfilling their obligations under the contract and result in more substantial harm. In the event of a material breach, the parties to the contract that did not breach it are permitted to stop performing their obligations under the deal. They can also sue for money damages.
An anticipatory breach happens when a party indicates that it does not plan to honor the contract or fulfill its responsibilities under the agreement. When this occurs, the parties who have not breached the contract should stop performing their duties under it. In fact, parties have a responsibility to mitigate their damages by ending their performance. They likely will see their monetary damages reduced in court if they do not take such steps.
Bad faith claims are also a form of breach of contract. In these claims, a party to a contract alleges that another party has not behaved honestly or fairly. They may be raised even if that party has not violated an actual provision of the contract. Bad faith claims are common in insurance disputes.
Monetary Damages
Our Miami breach of contract attorneys help clients get the full legal remedies available in these and other business disputes.
Monetary damages are most common in breach of contract cases. They come in three types.
- Compensatory damages: To make a party whole by compensating the business for the monetary losses incurred as a result of the breach.
- Consequential damages: To compensate for damages that are reasonably foreseeable as a result of the breach. This often includes loss of business.
- Liquidated damages: Some contracts include liquidated damages terms, requiring a party to pay a certain amount of money in the event of a breach.
To maximize monetary damages, it is crucial that you be able to establish the full range of harm caused by the breach.
Equitable Remedies
A judge may also order other remedies, typically when money damages are not available or are inadequate to address the harm.
- Specific performance: Requiring the breaching party to carry out its end of the deal by fulfilling its contractual obligations.
- Rescission: Scrapping the contract and returning the parties to the positions that they were in before the agreement was executed.
An experienced attorney can help you test the strength of your claim, explore your options for taking action, and maximize your remedies. Our lawyers can also help you strategically ward off contract disputes by drafting and reviewing legal agreements on the front end.
How a Miami Breach of Contract Attorney Can Help
If you are locked in a legal dispute over a contract, looking to navigate the wide range of legal issues that come with your business activities, or simply want to better understand your legal rights and options, an experienced business disputes attorney at Gonzalez Law can help.
Our breach of contract attorneys have a track record of successful results in court and at the negotiation table. We are proud to serve as trusted advisors to companies and their leaders.
Our office is conveniently located in Miami, and we are proud to serve clients across South Florida. Call us at 305-676-6677 or contact us online to speak with a breach of contract attorney.