What to Know About Commercial Contract Disputes in Miami
Contracts form a foundation of virtually every business enterprise. In many commercial litigation issues, many come down to the rights and obligations outlined by a contract. These may include requirements, as well as alternative resolution procedure as well.
A contract will underlie almost any significant business dealing with the formation of a partnership to vendor agreement issues. Entering into a contract should represent the end of debate or negotiation concerning either party’s rights or responsibilities. Unfortunately, situations don’t always play out this way in the end.
Contracts only remain valid when involved parties remain willing to accept terms and conditions outlined within. However, when one or more disagree, this can result in commercial contract disputes in Miami.
Contract disputes may take place when involved parties disagree about any terms or conditions. All contracted parties should fully understand the agreement while also accepting contractual terms. When the agreement appears nonmutual, disgruntled parties may challenge the contract in court.
Breaches of Contract
A contract dispute will typically occur when a party breaches the contract. A breach means an involved party doesn’t act in accordance with what they promised, as outlined in the agreement. Specific types of contract breaches could include:
- Material breaches – A material breach involves a contracted party not performing their duty. As a result, the contract becomes irreparable. The party that remains affected by the breach may take the contract to court to sue for damages.
- Minor breaches – This type of contract breach involves the core contract remaining intact. Both parties must still hold up their part of the contract when minor breaches occur. However, the party that didn’t breach the contract can still sue the other party for damages.
Breaches commonly occur when parties don’t perform their agreed duties. However, they may also take account when the “at-fault” party does not act by the specifications in the contract or doesn’t complete them on time.
Well-constructed contracts ensure that every side remains clear on their obligations. This makes it far less likely that disagreements can arise over the meanings of terms or executions.
Nevertheless, in negotiations, parties will levy to ensure that their interests remain fully-protected while negotiating the most advantageous terms possible. Still, commercial contract disputes in Miami can arise and stall the overall process while threatening the entire deal.
Tortious Interference
No matter if a business has a formal contract, or simply a handshake agreement in place, a third party could wrongfully interfere. This can ultimately result in significant harm to a business.
Most businesses depend on a web of contracts as well as other relationships with distributors, vendors, agents, subcontractors, etc. When someone unfairly disrupts these relationships, the law offers remedies to counteract this.
Tortious interference involves a third party impeding or disrupting a business agreement. This could reflect the enticement of an essential supplier or vendor to back out of an agreement with a business. Fortunately, the affected business can take legal action for tortious interference.
With a successful claim against a part in tort and another in the contract, affected parties will need to pursue appropriate legal remedies against each. A common tactic is alleging both interferences with prospective economic advantages, as well as the existing contract. This cultivates an environment where if one fails, the other may still succeed.
Commercial Contract Disputes in Miami with The Law Offices of Paul A. Humbert, P.L.
The best way to avoid contractual disputes is by remaining clear on contract terms. In most situations, this can come down to even one single word or definition within a contract. Remaining clear on the duties concerning involved parties is crucial to success as time goes on.
Knowing the goal of a contract before entering into an agreement also remains essential to
avoiding disputes.
Working with professional, experienced business attorneys like our team from The Law Offices of Paul A. Humbert, P.L. can help a case run as smoothly as possible during negotiations and resolutions should commercial contract disputes in Miami arise. They will also help minimize and mitigate the potential for delay and further, unwanted litigation.
Contract disputes often involve numerous different legal concepts while also requiring specialized knowledge of contract law. An attorney can represent your best interests in court and mediation while helping determine the best course of action for a positive outcome.
Learn More
To learn more about how our attorneys from The Law Offices of Paul A. Humbert, P.L. can help you with a commercial contract dispute, contact our firm today to schedule a consultation!
The best way to avoid contractual disputes is by remaining clear on contract terms. In most situations, this can come down to even one single word or definition within a contract. Remaining clear on the duties concerning involved parties is crucially important to success as time goes on. Knowing the goal of a contract before entering into an agreement also remains essential to avoiding disputes.
Working with professional, experienced business attorneys like our team from The Law Offices of Paul A. Humbert, P.L. can help a case run as smoothly as possible during negotiations and resolutions should commercial contract disputes in Miami arise. They will also help minimize and mitigate the potential for delay and further, unwanted litigation.
- “What is a Breach of Contract? | LegalMatch.” 22 Jun. 2018, https://www.legalmatch.com/law-library/article/breach-of-contract.html. Accessed 29 Oct. 2019.
- “Material Breach Law and Legal Definition | USLegal, Inc..” https://definitions.uslegal.com/m/material-breach/. Accessed 29 Oct. 2019.
- “Damages – Legal Dictionary | Law.com.” https://dictionary.law.com/Default.aspx?selected=423. Accessed 29 Oct. 2019.
- “Material v. Minor Breach – LawShelf Educational Media.” https://lawshelf.com/courseware/entry/material-v-minor-breach. Accessed 29 Oct. 2019.
- “Handshake Agreement – Financial Dictionary – The Free ….” https://financial-dictionary.thefreedictionary.com/Handshake+Agreement. Accessed 29 Oct. 2019.
- “tortious interference | Wex | US Law | LII / Legal Information ….” https://www.law.cornell.edu/wex/tortious_interference. Accessed 29 Oct. 2019.