Small Business Lawyer Miami, FL
When you are just starting your business, a Miami, FL small business lawyer knows that it might seem like you can skip the legal side or use online tools to draft up business documents. Clearly, you need certain things completed for your business to be legally up and running, but you may believe that you do not need to hire a lawyer, at least not until you run into any issues. While the team at Perez Mayoral, P.A. understands that it can feel like this is something you can skip in the beginning, the truth is that having legal aid will help you out sooner rather than later. If you do not have a legal background, you will not fully understand the different laws that you need to abide by and you may not be fully protected. To learn the first steps of working with a lawyer for your small business, call our office to set up an appointment.
What can a lawyer do for my small business?
Anytime you are spending money on your small business, you want to know it is not wasted. You likely don’t have extra cash for frills and added expenditures so you want to know that having a lawyer will be worth it. So, what can a Miami small business lawyer do for your business?
- They can help when someone slaps you with a lawsuit. You never know what is going on behind the scenes and someone may have a legitimate (or completely ridiculous) reason for bringing a lawsuit against your small business. This might mean lawsuits brought on by visitors to your company or by employees. It is crucial that you have a lawyer from the beginning so that they can pre-empt lawsuits from coming your way by ensuring your business is up to state and federal standards.
- They can protect your property. Lawyers can help when you need someone to protect your intellectual property. This could be a trade secret, services you offer, or even product designs. You want to know that you are getting fair payment for your unique and individual ideas and that someone else is not trying to profit from them.
- They can draft contracts. Contracts are legally binding and you want to know that when you sign a contract it is beneficial to your business. You also want to know that if the deal goes south and the other party does not hold up their end up of the contract, your lawyer is there to fight back.
Suing For a Breach of Contract
Anyone who is in business knows that a great business relies on upholding contracts. Whether it’s an important business deal, acquiring a new company, or something as seemingly small as working with a coffee vendor to bring weekly coffees, you want to know that when you make a deal with someone else they will follow through. One mistake can throw off the entire contract and it can even put your company at risk. It is crucial that you are working with a business lawyer early on in starting a business (if not beforehand) so that you can be prepared if and when a contract goes south. When you are dealing with a breach of contract and need to know what steps to take moving forward, know that you can rely on our team to get you through this.
When can I sue for a breach of contract in Florida?
As always, it is important to know what your state says with regard to a breach of contract. To successfully bring forward a lawsuit for a breach of contract, your lawyer will need to show a few things:
- You entered into a valid contract with someone else.
- The other party committed a material breach of contract.
- Because of this breach, there are damages.
This means that, per your contract, you fulfilled as much of your duties as was necessary up to this point. Your lawyer will then show that the breaching party did not perform their duties, whether it was providing you with goods, services, or paying you for your goods or services.
Is a contract legitimate if it is not in writing?
This will vary depending on the state a person is in. In Florida, a contract does not necessarily need to be in writing for it to be valid. Some exceptions to this are if the contract involves one party taking over financial obligations for another person or selling items that are $500 or greater.
Can I only sue another party if it is a material breach?
Not necessarily. You may sue the other party for a minor breach of contract, meaning they did not perform their duties as outlined in the contract but there is still a chance that they could fulfill their obligations. However, you can still sue them for damages. If a breach is a material, that means that the other party has violated the contract to such a level that they cannot fulfill their obligations.
When you enter into a contract with another party and they do not fulfill their end this can result in damages, including compensatory damages, or “actual damages”. This may be because you need to purchase additional items to replace items you did not receive. The damages may include not only the additional items you had to purchase but an up-charge for needing to purchase these items at the last minute.
If you are ready to move forward with a breach of contract issue regarding your business, do not hesitate to speak with our team. We look forward to helping you with this and any other business needs you may have.
Who can I turn to?
Starting a business and keeping it running is difficult. There are many startup costs, you may be working with different vendors, clients, and contractors, and you may have no clue how to get started. A lawyer can help you set your business up so that it is legal and ready to go. You want to be able to focus on other aspects of your business so that it can thrive. Leave the legal stuff to us. When you are ready to work with a lawyer, reach out to Perez Mayoral, P.A. to set up a meeting with our Miami small business lawyer now.
