Wellington Breach of Contract Attorney
Generally, a business’s word is its bond. However, sometimes mistakes are made, or miscommunications happen, and something does not pan out the way it was intended to. If this does happen, the best strategy is to stay calm, and to trust in a good Wellington breach of contract attorney to help solve the issue. With patience and understanding, and a knowledgeable legal professional on your side, the problem can usually be solved to your satisfaction.
More Than One Type Of Breach
The first thing to ask is what sort of breach of contract has occurred, as technically any kind of deviation from the contract, no matter how small, can in theory be described as a breach. Florida jurisprudence has at least in part perpetuated the idea that a contract must be based on a “meeting of the minds” that leads to a mutual understanding of the contract at issue, and in theory, if there is any deviation, there is no meeting of the minds. However, very minor breaches of this type are not usually litigated. If there is a significant, material breach of the contract, it has the potential to progress to that point, as material breaches usually mean that one party will not receive what they have contracted for.
Upon being informed of a material breach of contract, many businesses will immediately file suit, but it is almost always better to wait and investigate. Being able to prove breach of contract in court is a more difficult proposition than most people are aware of, with multiple criteria needing to be shown via a preponderance of the evidence. The contract must be shown to exist and be valid; it must also be shown that each party had specific obligations under the contract, and one has now breached their duty and caused the other damages. These criteria can sometimes be hard to prove, especially if the opposing party provides considerable pushback.
Methods of Resolution
Litigation is always the last resort for most responsible businesses (and attorneys), but if a breach cannot be resolved without it, it is imperative that you be very aware of the other side’s position, meaning that conducting sufficient discovery is critical. Breach of contract claims sometimes wind up being resolved in equity (as opposed to in law), meaning that specific performance of the contract does not occur, and understanding exactly what the opposing side may want out of litigation may put you in a stronger position.
Keep in mind that in many instances, the best method for resolving your dispute may not be litigation. Many breach of contract cases, especially if they are anticipatory in nature, can be successfully negotiated in alternative dispute resolution (ADR) settings such as mediation. There are numerous advantages to opting for ADR instead of litigation, not least of all that mediation in particular is private in most situations – litigation is very often public record, which can open up your company’s private dealings to anyone interested in looking. Ultimately your specific situation will govern what is best for you, but ADR is nonetheless an attractive option to many.
Don’t Delay – Contact An Experienced Wellington Breach of Contract Attorney Today
A breach of contract has the potential to derail a business deal completely, and if it is material enough, it can endanger the reputation of both companies involved. If you have experienced a breach of contract, seeking knowledgeable legal assistance can help get the deal back on track. Our business-minded breach of contract attorneys at Markarian & Hayes are happy to try and assist you. Call us today to set up a consultation. We serve Wellington, Palm Beach Gardens and Vero Beach.