Perez Mayoral, P.A. is a successful business litigation practice in Miami and South Florida. Breach of contract cases in Miami can be complicated and costly so it is critical to work with a lawyer who is both knowledgeable about contract law and skilled at contract litigation.
Our attorneys have considerable experience handling breach of contract claims and a track record of successful outcomes. If your business is troubled by another party’s failure to fulfill their contractual obligations, contact us now to explore your legal options.
How Our Miami Breach of Contract Attorneys Can Help
We have proven strategies to engage in sharp negotiations with opposing attorneys and to win at trial. Though we try to avoid the delays and costs inherent in litigation, we are always prepared to take your case to court. We will work tirelessly to enforce the contract and/or recover damages for you.
What Breach of Contract Means in Miami
A contract is a legally binding agreement between two or more parties in which one party makes an offer that is accepted by the other in exchange for something of value. A breach of contract involves the failure to perform the terms of the contract by the defendant and the resulting damage to the plaintiff’s business or interests. Such a breach allows the plaintiff to sue for damages.
Proving a Breach of Contract Claim
In order to negotiate an appropriate settlement or to win you damages in court, our Miami breach of contract attorneys must prove the following:
- A valid and enforceable contract exists between you and the other party (parties)
- You (the plaintiff) have performed your contractual obligations
- The other party (the defendant) has failed to satisfy their contractual obligations
- You have sustained actual damages (e.g. monetary loss) as a direct result of the other party’s breach
Our legal team is known for efficiency and integrity. We will collect evidence that the contract in question has been breached and fight vigorously to obtain the damages you deserve.
Types of Breaches of Contract
There are several types of breaches of contract, including:
Minor breach
A minor breach occurs when one party fails to perform a relatively inconsequential part of the contract, one that does not prevent the parties from fulfilling their remaining obligations under the contract. While irritating and inconvenient, a minor breach does not usually entitle the plaintiff to sue for damages, and any litigation would be too costly to be practical.
Material breach
A material breach, on the other hand, is considerably more serious, involving as it does [1] an adverse effect on the plaintiff to the extent that their obligations cannot any longer be fulfilled and [2] damages to the fabric of the contract as a whole. Parties harmed by material breaches are legally allowed to stop keeping up their end of the bargain and sue for damages.
Anticipatory breach
As its name suggests, an anticipatory breach occurs when one party, often the contractor, makes a preemptive strike, through words or actions, at the validity of the contract, indicating that they do not intend to honor the contract by fulfilling their obligations under it. In such situations, the party who has not breached the contract should mitigate their damages by ceasing to meet contractual obligations. If the plaintiff could have avoided damages without risk, the court will not allow that party to recover damages.
Bad faith
Those who sign business contracts are expected to behave honestly and fairly, i.e. in good faith. A party who fails to do so, while not violating an actual provision of the contract, undermines the intent of the agreement. A bad faith breach nearly always applies to insurance disputes and may sometimes be successfully litigated.
Whatever type of breach of contract you have experienced, contacting our capable Miami and Miami-Dade County contract attorney will stand you in good stead. We will protect your rights and fight aggressively to see to it that your best interests are served.
What You Stand to Win in a Breach of Contract Lawsuit
With our strong Miami and Miami-Dade County breach of contract lawyers at the helm, you stand to win both damages and other remedies through litigation. The particulars vary according to the unique circumstances of your case, but may include:
- Compensatory damages to restore you to the financial position you would have been in if the breach had never occurred
- Consequential damages to compensate you for future losses that can reasonably be foreseen as a result of the breach (e.g. lost business)
- Liquidated damages to provide you with the amount of money from the defendant that each of you agreed to pay if they breached the contract
In addition to the damages above, there may be other legal remedies available to you if your contract has been breached by the other party, including:
- Specific performance is when the breaching party is required to fulfill their contractual obligations by performing actions covered by the contract, typically when monetary damages are not considered sufficient by the court
- Rescission is when the court invalidates the contract and returns the parties to the position they were in prior to signing the agreement. Rescission is only typically granted when the non-breaching party has no other adequate remedy, but cannot obtain damages.
As you can see, a breach of contract is more complicated than it may seem. The effective, efficient services Perez Mayoral can provide may prove invaluable, both in terms of simplifying your course of action and in terms of resolving the problem in your favor.
Contact Our Miami Breach of Contract Attorneys for Strong Legal Representation
A contract is something like a promise. When it is breached, your faith in the stability of business interactions may be shaken. Contact us so we can renew your sense of equity and justice.
The experienced contract attorneys at Perez Mayoral, P.A. helps residents all throughout Miami, Miami Beach, Miami-Dade County, and South Florida with their breach of contract questions and needs.
