Breach of Contract
The success of a business requires that both sides of business transactions can rely on the benefits and provisions of the agreements they have entered into. A breach of contract can have a substantial negative impact on the non-breaching party, affecting a businesses’ liquidity, budgeting, staffing and operations. There are a broad set of responses possible in the event of a breach, and The Markarian Group can advise you on the best course of action. With our decades of experience, we utilize a straight-forward process to ensure disputes are resolved in a professional and efficient manner.
A contract should document the parties’ intent, address key risks unambiguously and provide ways to decide issues or disputes (e.g. valuations) that might arise in the future. The best way to stay out of the courtroom is to ensure that every agreement is clear, unambiguous and enforceable by a judge, if you end up there. Where parties dispute whether a contract or its provisions have been complied with, a broad set of responses and variety of options are available, including suing the other party in court, seeking an injunction or use or use of less costly alternatives to litigation, such as mediation or third-party arbitration. To assess a contract’s validity, the circumstances of breach, potential damages awardable and the broad set of responses available in the event of a breach, The Markarian Group can advise you on the best course of action.
How Do I Prove a Breach of Contract?
If litigation becomes necessary, you will need to prove to the court that a breach of contract took place. To accomplish this, Florida law requires you take the following steps:
Prove there was a contract.
A number of agreements and promises can be deemed a “contract.” For instance, a contract need not be in writing. Oral contracts may be enforceable in certain situations. And regardless of the type of contract, you must prove there was an offer, acceptance, and a “meeting of the minds” on the critical terms.
Establish each party’s obligations under the contract.
A contract is basically an exchange of promises to do certain things, and in an ideal world, every single important term would be spelled out in writing. Where it is not, a party’s handwritten notes, email, conversations or behavior can be useful in proving the terms of the deal. Establishing how to deal with anticipated challenges to, or differing interpretations of, the contract is a critical early step.
Show there was a breach of contract.
Evidence of breach exists in a variety of forms, and care should be taken to assemble both the physical evidence (financial records, other contracts, voice mail, email) and the evidence that can be provided by witnesses.
Prove the existence (and amount) of damages arising from the breach.
The most challenging part of advancing a successful breach of contract claim can be establishing the financial impact of the breach. In some cases, damages are clear and easy to prove, but where they are not, proving damages requires intense focus. In the case of business losses, the challenge is particularly acute, requiring analysis of whether the breach effected net profit, proof of how net profit has been derived, and numerous related issues requiring precise financial analysis and presentation.
Can alternative dispute resolution methods help resolve breach of contract claims?
We are wary of traditional arbitration (AAA) as a form of alternative dispute resolution, but properly designed alternative dispute resolution mechanisms can compare favorably to traditional litigation in terms of cost, while ensuring the confidentiality of the party’s final resolution, and the peace of mind in knowing that in certain unique situations, you can control whether the dispute does or does not become a matter of public record.
Why choose The Markarian Group?
Breach of contract affords parties a variety of options, including suing the other party in court, seeking an injunction or use or use of less costly alternatives to litigation, such as mediation or third-party arbitration. To sort through the broad set of responses available in the event of a breach, The Markarian Group can advise you on the best course of action. With our decades of experience, having represented businesses accused of breach, and those seeking to enforce a contract, we utilize a straight-forward process to ensure disputes are resolved in a professional and efficient manner. We are available to take any action or provide our advice in response to a breach of contract, and offer same-day consultation by taking advantage of secured video conferencing and other technology solutions to assure safe, confidential and efficient collaboration.
