Category Archives: breach of contract
Three Key Limitations on Damages in Breach of Contract Claims in Florida
Through a breach of contract claim in Florida, a non-breaching party can pursue financial compensation for its damages. At Pike & Lustig, LLP, we represent both plaintiffs and defendants in breach of contract cases. Our commercial law firm helps clients navigate breach of contract disputes. Here, our Miami breach of contract attorney highlights three… Read More »
Federal Appeals Court Rules in Favor of NBA Star Zion Williamson in Contract Dispute With Florida-Based Agent
On May 7th, 2024, News Observer reported that a federal appellate court has ruled in favor of NBA star Zion Williamson in a five-year long breach of contract case. The court determined that Mr. Williamson is not liable for breaching a contract with a Florida-based agent because that alleged agreement was never valid in… Read More »
Anchors Aweigh: Legal Issues Surfacing in South Florida’s Yacht Industry
Jesse Fulton, Attorney Broker disputes are now extending from the real estate industry into South Florida’s $12 billion yacht industry. The recent lawsuits contend that the mandatory 10% sales commission in South Florida’s yacht sector are anticompetitive and violate antitrust laws. According to the two recently filed complaints, yacht sellers are forced to pay… Read More »
Can You Defend a Breach of Contract on the Grounds that Other Party Did Not Suffer Damages?
Is your company facing allegations of breach of contract? A proactive approach is a must. You do not want to fall behind your counterparty. Facing a breach of contract claim is stressful and frustrating—especially so if you are convinced that the other party suffered no actual harm. This raises an important question: Can you… Read More »
Considerations for Negotiating a Breach of Contract Settlement in Florida
A breach of contract case will not always end up in court. Quite the contrary, parties often have options available to settle a breach of contract case. Whether you are the alleged breacher or the non-breaching party, there are many potential benefits that can come with a settlement. Here, our Miami breach of contract… Read More »
Breach of Contract Claims in Florida: What are Incidental Damages?
Through a breach of contract claim, the non-breaching party has the right to seek financial compensation for their damages. In Florida, a number of different types of damages may potentially be recoverable through a breach of contract claim. Incidental damages are one remedy in a contract dispute. Here, our Miami business litigation attorneys explain… Read More »
Five Affirmative Defenses to a Breach of Contract Claim in Florida
Is your company facing a lawsuit for a breach of contract in Florida? You have the right to raise a defense. Of course, one of the most straightforward defenses is that no breach ever occurred. There are other defenses that can be raised as well—including affirmative defenses that acknowledge that the contract was not… Read More »
Navigating Breach of Contract Claims: Essential Steps for Business Owners
A breach of contract occurs when one party fails to fulfill their obligations as stated in a legally binding agreement or contract. It essentially means that one party has not performed the duties or promises outlined in the contract. Navigating breach of contract claims can be a complex process for business owners. It is… Read More »
Ex-Football Coach Sues University of Miami for $3 Million; Alleges Breach of Employment Contract
Al Golden is currently the linebackers coach for the NFL’s Detroit Lions. From 2011 to 2015, Mr. Golden served as the head coach for the University of Miami Hurricanes. His tenure ended on a low note — following a 58-0 loss to Clemson in the middle 2015 season, Miami athletic director Blake James dismissed… Read More »
Florida Appeals Court Reverses Decision in Breach of Contract Dispute
On November 29th, 2017, Florida’s Third District Court of Appeal reversed a lower court decision in the case of Merco Group at Akoya, Inc. v. General Computer Services. This dispute involved the alleged breach of a business contract. The appeals court reversed the lower court’s decision on the grounds that the court had misapplied… Read More »
Could an Email Be a Binding Contract?
When most people think of a contract, they are picturing something that requires hours or days of very careful negotiation, with people working hard to come up with precise language and terms. Yet, forming a contract is actually far easier than most people realize. In fact, you might even have formed a legally binding… Read More »
Miami Beach Restaurant and Construction Firm Locked in Legal Dispute
According to reporting from The Real Deal, CBMIA, a company that is planning on opening up a new restaurant in Miami Beach, has filed a breach of contract lawsuit against its construction firm, U.S. Construction Corp. (USCC). In response, USCC has filed a countersuit that also alleges breach of contract. CBMIA blames USCC for… Read More »
What is an Anticipatory Breach of Contract?
A breach of contract occurs when at least one party fails to fulfill obligations that were stipulated by a legally binding agreement. In most cases, a breach of contract happens the moment when one part of the contract is scheduled to be executed. If the contract is not actually performed at that time, a… Read More »
Florida Administrative Court Rules in Favor of Department of Corrections in Contract Dispute
According to reporting from the Palm Beach Post, a Tallahassee administrative law judge has ruled for the Florida Department of Corrections in a complex case involving a dispute over substance-abuse treatment service contracts. Bridges of America Inc. a private company that operates work release and drug rehabilitation centers in Orlando, brought the claim against… Read More »
Seminole Tribe Wins Contract Lawsuit Against State Government
Recently, the Sun-Sentinel reported that the Seminole tribe of Florida has prevailed in a contract litigation claim against the state. Specifically, the lawsuit pertained to the legality of offering blackjack and other table games at casinos. As a result of the decision by the federal judge in the case, the Seminole tribe will be… Read More »
Florida Construction Liens: New Verdict Illustrates the Importance of Good Record Keeping and Timely Filing
Recently, the Florida Second District Court of Appeal released a decision in a construction lien case that originated out of a breach of contract dispute. After full payment was not received for work done in relation to a home renovation, a lien was placed against a homeowner’s property. However, a dispute quickly arose over… Read More »
What is the Duty to Mitigate Contract Damages?
Consider the following scenario: company A and company B recently signed a $50,000 purchase agreement. The agreement stipulates that company A must deliver a certain product on the morning of January 1st. However, when company A shows up to make the delivery, a representative from company B states that they changed their mind and… Read More »
Florida Banking Litigation: Lender Liability Claims
Under Florida law, loan originators and mortgage brokers have many legal duties. One overriding duty is an obligation to treat all borrowers fairly. If a financial lending institution fails to live up to this obligation, they may be held liable for damages incurred by the borrower. This is known as a lender liability claim…. Read More »
Florida Breach of Contract: Liquidated Damages
When your business makes a contract with another party, you are placing a great deal of faith in that party. If they do not live up to their end of the bargain, your business could sustain serious financial damage as a result. Florida law seeks to remedy this issue by allowing non-breaching parties to… Read More »
Breach of Contract: What Happens Next?
Contracts are a critical part of productive business relationships. When you form a business contract, you have the reasonable expectation that the other party will live up to their end up the bargain. Unfortunately, sometimes another party will breach their contract obligations. If your business has had a contract breached, you need to take… Read More »
