Category Archives: breach of contract
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 »
How Statutes of Limitations Affect Your Case
To paraphrase former Supreme Court Justice Oliver Wendell Holmes, Jr., people often mistake courts of law for courts of justice. While judges often strive to come to equitable outcomes, and laws are supposed to be fair, there are also practical considerations at play. These sorts of considerations can sink an otherwise winning claim, if… Read More »
Specific Performance and Contract Law
The most common remedy that people receive when suing over a contract are damages, money paid by the defendant in order to compensate them for some harm. However, sometimes that payment is not what people really want. After all, the parties entered into the contract with specific obligations, and sometimes plaintiffs would rather see… Read More »