Enlist a Lawyer When Gulf Coast Business Contracts Are Breached
As business owner, some of the most common disputes you will have with other enterprises and individuals will be based on contracts. Whether you cannot meet the requirements of a contract, or someone else breaches a contract with you, these controversies can be highly stressful and may give rise to expensive and time-consuming litigation that takes you away from running your business. At Milam & Milam, we can help you before your contract disputes on the Gulf Coast get out of control. We can help renegotiate a contract, or if necessary represent your interests in front of a mediator, judge, or jury.
Breach of Contract in Florida
Not all agreements are contracts. For example, contracts in Florida are agreements in which somebody agrees to provide goods or perform a service in exchange for monetary payment, goods, or other services. There must be an offer and acceptance between two parties who have the capacity to enter into the contract. Minors or legally incompetent people typically cannot make a binding contract under any circumstances.
There must also be "consideration," which is the promise to act or provide goods and services in exchange. For example, somebody might promise to send you 60 widgets. If you offered nothing at all in exchange, there is no consideration, and you do not have a binding contract. However, in some cases, if a party acts to its detriment because of a promise, the promise is binding even though there is no consideration.
Certain types of contracts in Florida must be in writing. But a written contract must include sufficiently specific terms to be enforceable. A contract with another business may limit your rights as to the court in which a lawsuit to enforce it may be brought. For example, the contract may specify whether the parties in the contract must mediate or arbitrate their dispute, whether attorneys' fees must be paid, whether a jury may be assembled, the jurisdiction in which a dispute should be decided, and the kinds of damages that are available in the event of a breach.
The right to cancel a Florida contract is called the right of rescission. There may be specific rules surrounding your rescission. For example, you can rescind a pre-construction contract for a condominium and get your deposit back in certain circumstances if the developer violates the Interstate Land Sales Full Disclosure Act by making misrepresentations.
In Florida, if you want to enforce a written contract, the statute of limitations is usually five years from the date of the written contract. It is four years for an oral contract. However, you should consult a lawyer as soon as you are aware of a breach because other time limits might apply, and an experienced attorney can help ensure that the dispute is resolved smoothly. Even experienced business owners may not fully understand the contract that they entered, or what the appropriate response to a breach of that contract is. A lawyer can try to prevent monetary losses and advise you as to rights and obligations after a breach.
Alabama and Florida Lawyers Skilled in Contract Disputes
Our business contract lawyers at Milam & Milam can help you decide whether to enter a contract in Alabama or Florida. We also can try to extricate you from a contract dispute or help you file or defend against a breach of contract claim in Birmingham, Montgomery, Panama City, and surrounding areas. We are located in Fairhope in Baldwin County, Alabama on the eastern shore of Mobile Bay. Our office serves clients with cutting-edge technology, clear communication, 25 years of combined experience, and ethical strategies. We work hard to seek a satisfactory result for each of our clients. Contact us by calling 251-928-0191 or schedule an appointment with us through our online form.