Category Archives: Commercial Contracts
Contract Disputes Involving Pricing and Fees: When One Party Claims Underpayment
Among the various types of disputes businesses can face, pricing and fee disputes are among the most common. If one party claims underpayment and the other party claims that it has paid what it owes or that no payment is due, there is a high likelihood that the parties’ dispute will lead to litigation…. Read More »
Contract Disputes Involving Efforts to Force Compliance: When Specific Performance Is (and Isn’t) a Remedy
If your company is facing a contract dispute involving another party’s failure to uphold its end of the bargain, you will need to decide what type of remedy you want to seek under the circumstances at hand. In some cases, seeking to force compliance—or to compel “specific performance”—might seem like the most desirable option…. Read More »
Contract Disputes Involving Renewals: What if One Party Refuses to Renew on Reasonable Terms?
Leases, licenses, franchise agreements, service agreements, and other commercial contracts frequently include provisions concerning renewal. In many cases, it will be in both parties’ best interests to expressly contemplate the possibility of renewal, as this can provide confidence for the future and help facilitate the growth of a long-term relationship. With that said, renewal… Read More »
Contract Disputes Involving Imminent or Ongoing Harm: Seeking Preliminary Injunctive Relief
While complex contract disputes can take months, or even years, to resolve, sometimes companies don’t have time to wait. If your company is facing imminent or ongoing harm, obtaining relief immediately could be critical for protecting your company’s interests now and in the future. Depending on the circumstances, this may involve hiring a Miami… Read More »
Contract Disputes Involving Mandatory ADR: When Mediation or Arbitration is Required
Many commercial contracts include provisions that mandate mediation or arbitration (or both) in the event of a dispute between the parties. These mandatory alternative dispute resolution (ADR) clauses have become ubiquitous, and, in most cases, both parties will prefer to use ADR rather than litigate their dispute in state or federal court. Generally speaking,… Read More »
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 »