A contract serves to outline obligations to be fulfilled by the parties entering into the agreement. A breach in the contract occurs when one party fails to comply with the agreed upon stipulations. A breach of contract may arise as the result of miscommunications in business arrangements or a failure to adhere to a non-complete and nondisclosure. An experienced Miami contract attorney can provide legal representation for either the plaintiff or defendant if a violation occurs.
Types of Contract Breaches
There are varying types of contract breaches which range in severity from minor to anticipatory.
Minor or Partial Breach – This one occurs when the breaching party has failed to perform part of the promised task, either because it is incomplete or it did not fulfill the specifications of the contract.
Material Breach – This takes place when the breaching party fails to perform the task they were contractually obligated to complete. In such a case, the injured party may no longer be obligated to fulfill their side of the agreement and can sue for damages.
Fundamental Beach – This one occurs when one party in the contract is permitted to terminate the agreement due to a serious violation of the terms.
Anticipatory Breach – Contracts will outline deadlines on which delivery of specified obligations are required. When a party commits a breach prior to the time outlined, an anticipatory breach has been committed.
Handling a Breach of Contract
Informal efforts can be made to remedy the disagreement. In the event that this is unsuccessful, a mediator may be hired in an attempt to negotiate a resolution between contract parties. If the dispute cannot be settled informally, a lawsuit can be filed. The plaintiff can seek remedies for the breach, which may include repayment for damages, performance of a specific task, or cancellation of the contract and restitution.
Contracts may include a clause specifying that arbitration will be utilized in the event of a dispute, in place of going to court. These clauses are considered valid and binding if included in the agreement.
Time Limit for Filing a Breach of Contract Lawsuit
In Florida, a lawsuit resulting from a breach of a written contract must be filed within five years of the date in which the violation took place. This timeline may be extended due to certain actions, including continuation of payment between the parties.
When to Hire an Attorney for a Contract Breach
A business attorney that is experienced with handling disputes may be consulted upon occurrence or in anticipation of a breach of contract. If you are faced with a business disagreement contact a Miami contract attorney at Graham Legal, P.A. for a consultation to discuss the be options for your situation.