If you are part of a contract agreement, whether for employment or home improvement, being in the middle of a potential breach of contract situation can be stressful. Having a customer or employee claim you broke the terms of a contract not only hurts your reputation but can also be financially devastating. Florida statutes have specific guidelines for remedying such disputes, but without an experienced professional license defense to represent your case, you could find yourself losing more than just a client.
The outcome of your case will also depend on the type of breach that has occurred: material or non-material. Both have serious implications and might impact your ability to remedy your breach situation.
According to Florida law, a breach of contract occurs when a party fails to follow through on one or more provisions within the contract. The types of failures can include numerous factors since these agreements are customizable, but the following are some of the more common examples:
How you failed to meet the provisions of your contract will determine whether a material or a non-material breach occurred. Further, since breaches can vary widely in severity, the legal consequences will depend on its impact on the deprived party.
Generally, material breaches are more severe because the purpose of the contract was not honored. These types of cases involve more than just making a simple mistake or missing smaller expectations in the original agreement. The integrity of the contract itself was compromised, and the injured party can outright cancel the contract. This issue can lead to a lawsuit seeking damages for this breach and ask the court to require you to complete the agreed-upon provisions.
Non-material breaches occur when terms of the agreement are not satisfied but the contract is salvageable. This also means that the aggrieved party must follow through on their end of the contract, but you might still end up in court. The non-breaching party may not believe it is a non-material breach or is owed certain damages and ask a judge to intervene. If this occurs, these are some of the factors taken into consideration:
Once a non-material breach case is remedied, the injured party must fulfill their obligations outside of any damages caused by the breach.
For those defending against a breach of contract lawsuit in Florida, you must understand the type of liability you might have for any losses or damages to the plaintiff.
It is not uncommon to receive one or more of the following judgments in these types of cases:
Punitive damages are not part of a breach of contract judgment, and that is also the case for any damages related to pain and suffering. The purpose of material and non-material breach proceedings is to award damages according to what the aggrieved party would have reasonably expected when in contract with you. There should be no profiting off of any monetary judgments.
When determining the amounts to be awarded, there are four factors that a skilled Orlando breach of contract lawyers will focus on to help reduce this judgment:
These are difficult questions to answer, as many contracts don’t detail what consequences are in place should one of the parties commit a breach. This reality makes extensive knowledge of an experienced contract law attorney invaluable. They will know where to get this information and the impact it will have on your case so that you can form a strong defense.
If you face a breach of contract suit in Florida, it is hard to evaluate whether your situation will fall under a material or non-material breach category. The Orlando contract law attorneys at The Umansky Law Firm will bring over 100 years of combined experience and knowledge to your defense. We will help you understand the type of case you are defending against, the consequences you might face, and what strategies are best for your position.
Don’t jeopardize your case by trying to go it alone. The subjective nature of these lawsuits can leave you unprepared and defenseless without appropriate counsel by your side. Work with our legal team to reduce any liability you might hold and negotiate for a better remedy that can get you the best outcome for your contractual issue.
To arrange your free consultation with one of our attorneys, call us or contact us online 24/7.
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