Category Archives: Commercial Contracts
What NOT To Do if Your Business Has a Breach of Contract Claim in Florida
In a recent article, we discussed seven steps to take if your business has (or may have) a breach of contract claim in Florida. We covered important steps such as making sure the failure at issue truly constitutes a breach of contract, as well as determining whether the dispute is subject to mandatory mediation… Read More »
What To Do if Your Business Has a Breach of Contract Claim in Florida
If your business is dealing with a breach of contract in Florida, you need to make informed and strategic decisions about what to do next. There are several important factors to consider as you decide how to proceed, and while going to court might be the next step, there may be other steps your… Read More »
Discovery in Breach-of-Contract Litigation: A Primer for Florida Business Owners
In commercial breach-of-contract litigation, discovery can play a key role in defining both parties’ litigation strategies and setting the stage for trial. But, strategic use of discovery can also provide leverage for pre-trial settlement negotiations in many cases. As a result, when facing contract-related disputes, it is critical that business owners have a clear… Read More »
Filing a Claim for Fraud: What Business Owners in Florida Need to Know
If a vendor, supplier, contractor, strategic partner or other commercial entity has defrauded your business, it will be important for you to make informed decisions about your next steps. While businesses can pursue claims for various forms of fraud, establishing a fraud claim requires a methodical and strategic approach, and time can be of… Read More »
Responding to a Breach of Contract: What Florida Business Owners Need to Know
As a business owner, it is important to know what to do when a vendor, contractor, customer or other party breaches a contract with your company. While an overly aggressive response can unnecessarily jeopardize an important business relationship, failing to act forcefully can invite additional breaches in the future. To ensure that you are… Read More »
What Terms Should Be Included in a Settlement Agreement?
Many business contract disputes are resolved via settlement. Settling a dispute avoids the costs and inherent uncertainty of litigation, and it allows both parties to get back to business as usual. While most settlements involve one party paying the other, the amount of the settlement is just one of several key terms. All of… Read More »
10 Factors to Consider Before Settling a Commercial Contract Dispute
Settling a commercial contract dispute allows the parties to move on. Once they settle, they can get back to business as usual, and this is often not only in their own best interests but in their customers’ best interests as well. Of course, settling also reduces the costs of dispute resolution, and it avoids… Read More »
Commercial Contract Disputes: What Happens When Parties Disagree About Contract Terms?
Contracts make the business world go round. They are fundamental to all types of commercial relationships, and they establish the terms and conditions under which businesses supply goods, perform services and get paid. But they can also lead to disputes. In some cases, commercial contract disputes are fairly straightforward. For example, if one party… Read More »
Indemnification and Other “Boilerplate” Provisions Impact Commercial Contract Disputes
Most business owners and executives don’t give much (if any) thought to the “boilerplate” provisions in their companies’ contracts. While they may put a significant amount of effort into negotiating the financial and commercial terms of the deal, they may simply rely on their companies’ legal counsel to ensure that the boilerplate terms at… Read More »
How Do You Prove a Claim for Contract Fraud?
Contract fraud can be costly, and unfortunately, it is far more common than it should be. If you believe (or have concerns) that a vendor, joint venture partner, shareholder or other party may have defrauded your company, you should consult with a Miami fraud lawyer promptly. In many cases, taking appropriate legal action as… Read More »