Vero Beach Breach of Contract Attorney
Business relationships depend on contracts. So when one party commits a breach of contract, it can have a substantial negative impact on the other party. And while not all breaches are the same–that is to say, some breaches are more serious than others–it is important to seek out qualified legal advice whenever a problem emerges.
The Vero Beach breach of contract attorneys at Markarian & Hayes can advise you on the best course of action. With our decades of experience, we have represented businesses on both sides of the breach-of-contract coin. We understand the potentially devastating impact a breach can have on a business, and we will work to help you remedy the situation in a professional and expedient manner.
How Do I Prove a Breach of Contract?
If litigation becomes necessary, you will need to prove to the court that a breach of contract took place. To accomplish this, Florida law requires you take the following steps:
- Prove there was a contract. This is not always self-evident. For instance, a contract need not be in writing. Oral contracts may be enforceable in certain situations. And regardless of the type of contract, you must prove there was an offer, acceptance, and a “meeting of the minds” on the relevant terms.
- Establish each party’s obligations under the contract. A contract is basically an exchange of promises to do certain things. For example, Company A agrees to pay Company B a sum of money–$10,000–in exchange for a shipment of 1,000 widgets. So in plain terms, you need to explain to the court what each party agreed to do as part of the contract.
- Show there was a breach of contract. Not all breaches are the same. Some breaches are “material,” which means one party did not receive what the other party promised: Company B never delivered the 1,000 widgets it promised to Company A. Other breaches are considered “minor”: Company B delivered the widgets to Company A a week later than the deadline specified in the contract. While Company A can seek damages for either type of breach, in the case of a major breach, Company A would not be required to meet its obligations, i.e. pay the $10,000.
- Prove the existence (and amount) of damages arising from the breach. A breach of contract may mean more than the loss of promised goods. If Company A needed those widgets to complete a larger product, and it suffered a decline in sales as a result of Company B’s breach, then Company A can seek damages for those losses.
How Can Markarian & Hayes Help You Resolve a Breach of Contract?
Just because a breach of contract occurs, that does not necessarily mean you should sue the other party in court. Indeed, we often advise clients to pursue less costly alternatives to litigation, such as mediation or third-party arbitration. Not only is such alternative dispute resolution often less costly than traditional litigation, it can also ensure the confidentiality of the party’s final resolution–meaning the dispute will not become a matter of public record.
Before you take any action in response to a breach of contract, you should call the Vero Beach breach of contract attorneys at Markarian & Hayes first. We assist businesses throughout the Vero Beach area resolve breach of contract and other business disputes.