Breach of Contract Lawyer in Stuart
Whether you need a contract drafted or reviewed, or if your contract was breached and you need to pursue dispute resolution or other legal remedies, speak with a business lawyer in Stuart, FL at the Law Offices of Travis R. Walker, P.A. Our skilled and knowledgeable team can make sure your best interests are represented and that you get everything you were promised in your employment or partnership contract, or other business agreement.
What constitutes a breach of contract?
Regardless of whether it is oral or written, to be valid, a contract must include mutual consideration, which is generally defined as an exchange of promises to be performed between the contracting parties. A lawyer will generally begin an analysis of a breach of contract case by examining each party’s promise to pay money or perform actions or services and whether and to what extent a party failed to keep the contractual promise.
Contractual disputes are more likely to arise when the contract does not fully or properly describe a party’s promises, and one party interprets the contractual language differently from a counter-party. Breach of contract problems that arise from different interpretations of contractual language are more readily avoided when contracting parties engage a qualified attorney to review their agreement for ambiguity and uncertainty before they sign it
What are some types of contractual disputes?
Contract disputes commonly involve:
- Contracts for services, such as business consulting or services by tradesmen or material suppliers
- Employment agreements
- Buy-sell agreements among shareholders in a closely-held corporation
- Real estate purchase and sale or lease agreements
- Business franchise agreements
- Design-build contracts
- Shipping and warehousing agreements
- Breach of contractually-provided warranties or guarantees.
What remedies and damages are available for an aggrieved party in a breach of contract lawsuit?
The remedies and damages that an aggrieved party can claim in a breach of contract lawsuit will be a function of the contract itself. Potential remedies include:
- Specific performance, which is an equitable remedy that the court orders to require a party to fulfill its promises under a contract
- Money damages to give an aggrieved party the benefit of the bargain promised in the contract
- Where the contract includes a liquidated damages provision, the sum of money specified in that provision
- In extreme situations where the complete purpose of the contract has been frustrated, rescission of the contract with both parties being returned to the positions they held before executing it.
Contract remedies are distinct from damages that may be available for a business tort. For example, a party might claim that he or she was fraudulently induced to enter into a contract by false promises or worthless guarantees. In that event, the party will have a damages claim for losses the party suffered due to the fraud.
Who can file a lawsuit over a contract dispute?
Each party to a contract will generally have a cause of action for breach when the other party fails to fulfill a contractual promise. In some cases, a contract claim might exist against a third party that agreed to guarantee or indemnify one of the contracting parties.
Call the Law Offices of Travis R. Walker, P.A.
If you are in Stuart, Martin County, or elsewhere in or around Florida’s Treasure Coast and your contracting counterpart is not fulfilling his or her obligations under an agreement or has claimed that you are breaching your obligations, the attorneys at the Law Offices of Travis R. Walker, P.A. are here to help in any way we can.
You can save substantial time and resources when you contact our firm as soon as you become aware that your contract has been breached. Do not hesitate to call our offices for knowledgeable and experienced representation in a breach of contract lawsuit.
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