90 Almeria Ave,
Coral Gables, FL 33134
110 SE 6th Street (17th FL)
Fort Lauderdale, FL 33301
305 422 1072
How can a Contract Attorney help you? Well, contract law is complicated. An experienced attorney can save a lot of time and resources for an individual or business. According to The Florida Bar, “Each year, Florida residents lose money because they do not understand contracts when they enter into them or what to do when the other side breaches the agreement. In many of these cases, the advice of a lawyer would have prevented the loss. Only a qualified lawyer can advise you on whether an agreement is binding and what rights or obligations you may have if there is a breach.” (Consumer Pamphlet: Legal and Binding Contracts, Florida Bar, 2017).
Breaking a contract may result in one party suing the other in order to enforce the contract. This may be done by compelling the party to fulfill the duties required by the contract, or in the form of compensation. Generally speaking, in Florida, litigation of a written contract requires a lawsuit to be filed within five years of the date the contract was breached. On the other hand, litigation of an “oral contract,” requires that the lawsuit is filed within four years. That being said, the deadline to file a suit in order to enforce a contract can be much sooner than the aforementioned deadlines. The time frame for filing these lawsuits can be extended under certain circumstances. It’s best to consult with legal counsel to determine your options.
In contract law, not all breaches are considered equal. To put this in perspective, there’s two main categories of contract breaches, Material, and Non-material.
Material Breach – Simply put, a material breach occurs when there is a complete failure to perform the tasks agreed upon within the contract. Generally speaking, this breach involves more serious legal consequences as opposed to a non-material breach of contract.
Non-Material Breach – A non-material breach of contract involves the failure to perform a specific provision of the contract. As previously stated, this breach is the less serious of the two categories; thus, typically involves less severe legal consequences.
In Florida, when breach of contract occurs, there are several aspects that must be determined. These aspects include:
- Which sections of the contract were breached
- Was the contract in fact breached according to Florida law
- Is the task in question required per the contract
- At any point, was performance of the task excused
Our Law Firm is experienced in several areas of contract litigation/disputes. These areas include, but are not limited to:
- Sales Contracts
- Purchase & Sale Agreements
- Confidentiality Agreements
- Shareholder Disputes
- Partnership Disputes
- Employment Contracts
- Non-compete Agreements
- Non-disclosure Agreements
- Service Contracts
Do you need help with your case?
Contact the Rodriguez Ayoub Law Firm