What Are Commercial Contract Disputes in Miami-Dade?
Contracts represent legally-binding agreements that take place between two or more parties. This document will typically obligate these involved parties to perform specific acts, or adhere to certain duties. For a contract to remain enforceable, each named party must exchange something with value or consideration.
Furthermore, involved parties must maintain a solid understanding of the terms outlined within the contract. They must also agree on the terms. For this reason, commercial contract disputes in Miami-Dade may take place when any involved party names in a contract experienced a disagreement concerning any of the terms or definitions.
In contract law, most contract disputes remain considered a breach of contract. This is where the agreement is not maintained due to a named party failing to fulfill their obligatory and contractual duties.
Two main types of contract breaches commonly exist in contract law. These include:
Material Breaches
Material breaches of contract reflect breaches where an agreement is considered “irreparable” as a result of the breach. This involves a breach appearing so crucial that it renders the contract virtually useless.
Some legal resources will additionally call this a total breach. The party that did not breach the contract must no longer perform their duties as outlined by the contract. They may also sue the breaching party in return for any damages that resulted due to the breach.
Minor Breaches
A minor breach is what some call a partial breach. This may occur when a breach doesn’t affect the heart of a contract. Both parties must still fulfill their obligations. However, the non-breaching party may still sue for damages in this scenario.
How can Businesses Avoid Commercial Contract Disputes in Miami-Dade?
The best way for a company or business partners to avoid contractual disputes is to maintain clarity regarding their contract terms. This could come down to even one word or definition outlined within a contract.
It remains crucially important for named contractual parties to impart clarity in the duties, as well as the language within a contract. This might include defining highly-technical or “industry” terms to help involved parties avoid mistakes or misunderstandings.
Continually documenting any negotiations or transformations in a contract every step of the way also remains important to avoid commercial contract disputes in Miami-Dade. This means maintaining a history of any offers, amounts, prices, and numerous other important terms that can mitigate disputes in relation to contract terms.
Any final contract should also obviously appear in writing. This process will involve some estimation and negotiation. For this reason, outlining any finalized amounts should express clearly during any contract drafting.
Finally, involved parties knowing and understanding the goals for any contract before entering into a final agreement is vital to avoiding commercial contract disputes in Miami-Dade. Parties should remain able to state any negotiating points clearly.
When is a Commercial Attorney Necessary?
Working with a legal professional is a useful tool that businesses and business partners use during contract negotiations. Their presence, guidance, and expertise will help things run smoothly during any mediation. They can additionally help to minimize and even prevent delays, in addition to unwanted legal disputes.
Commercial contract disputes in Miami-Dade may involve any number of legal concepts that require a working knowledge of contract and business law. Attorneys can also represent parties in court should a dispute occur. Their guidance is invaluable, helping to determine the appropriate course of action and what remedies remain available to help resolve a solution optimally.
Resolve Commercial Contract Disputes in Miami-Dade with the Law Offices of Paul A. Humbert, P.L.
Almost any transaction in the life of a business will involve some sort of contract. It doesn’t matter if an entity buys or sells goods or services; they still enter into a contract daily. Unfortunately, things can go wrong in these relationships.
Managing commercial contract disputes in Miami-Dade poses unique, interesting challenges for involved parties, in addition to their legal representation. Breaches of contracts may damage reputations and can impart devastating effects on a business.
This is precisely why proper legal representation and maintaining contractual relationships remains so important, even in scenarios with an ongoing present dispute. When appropriately managed, dispute resolutions can strengthen business relationships while simultaneously opening up new opportunities.
At the Law Offices of Paul A. Humbert, P.L. work to help our clients resolve commercial contract disputes no matter how big or complex an issue may appear. To learn more about how our lawyers can assist you in these situations, contact our dedicated firm today!
- “Contracts 101: Make a Legally Valid Contract | Nolo.” https://www.nolo.com/legal-encyclopedia/contracts-101-make-legally-valid-30247.html. Accessed 19 Nov. 2019.
- “Consideration – Legal Dictionary | Law.com.” https://dictionary.law.com/Default.aspx?selected=305. Accessed 19 Nov. 2019.
- “The Basics of Contract Law – Rocket Lawyer.” https://www.rocketlawyer.com/article/basics-of-contract-law-cb.rl. Accessed 19 Nov. 2019.
- “What is a Breach of Contract? | LegalMatch.” 22 Jun. 2018, https://www.legalmatch.com/law-library/article/breach-of-contract.html. Accessed 19 Nov. 2019.
- “Material Breach Law and Legal Definition | USLegal, Inc..” https://definitions.uslegal.com/m/material-breach/. Accessed 19 Nov. 2019.
- “Damages – Legal Dictionary | Law.com.” https://dictionary.law.com/Default.aspx?selected=423. Accessed 19 Nov. 2019.
- “Minor Breach of Contract Lawyers | LegalMatch.” 23 Apr. 2018, https://www.legalmatch.com/law-library/article/minor-breach-of-contract-lawyers.html. Accessed 19 Nov. 2019.