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Was Your Company the Victim of a Breach of Contract? Five Things to Do Before Filing a Lawsuit?

West Palm Beach Business Litigation Attorney 2023-01-26 16-49-13

Did your company suffer losses as a consequence of a breach of contract? If so, you may be considering filing a lawsuit against the breaching party. While litigation is necessary in some cases, it is important to emphasize that it is not always the best approach. There are some steps to take before heading to court. Here, our Miami business litigation attorneys highlight five important things you should do before filing a breach of contract lawsuit in Florida.

  1. Carefully Organize Your Records (Evidence of Breach and Damages) 

Organization is key to handling any business dispute, including a breach of contract claim. Before considering legal action, it is crucial to gather and organize all relevant documentation pertaining to the contract in question. Relevant evidence typically includes:

  • Copies of the contract itself;
  • Correspondence related to the agreement;
  • Invoices, receipts, and delivery confirmations; and
  • Any other evidence that supports your claim of breach and the resulting damages. 
  1. Attempt to Open Up Non-Adversarial Negotiations With the Counterparty 

Non-adversarial negotiations can often lead to a quicker resolution and potentially preserve business relationships. Before escalating the matter to a lawsuit, consider reaching out to the counterparty in a non-confrontational manner to discuss the breach and explore possible solutions. Keep the lines of communication open, remain professional, and focus on finding an answer. 

  1. Consult With an Attorney Who has Discuss Your Rights and Options 

Professional legal representation can make a big difference. Your Florida breach of contract attorney can review your case, answer questions, and help you develop a strategy to protect your rights and help you secure the best possible outcome. With their expertise, you can make informed decisions about how to proceed and maximize your chances of a favorable outcome. 

  1. Draft a Demand Letter Indicating Claim and Intent to Take Legal Action 

If initial attempts at negotiation fail to yield a satisfactory resolution, drafting a formal demand letter can signal your intent to pursue legal action. As a general matter, the letter should outline the specifics of the breach, including the contractual obligations violated and the resulting damages suffered. Clearly state your demands and provide a deadline for the counterparty to respond.

  1. Consider Alternative Dispute Resolution, such as Mediation

Before resorting to litigation, explore alternative dispute resolution methods such as mediation. Mediation involves a neutral third party facilitating negotiations between the parties to reach a mutually acceptable resolution. Unlike litigation, mediation is typically faster, less formal, and more cost-effective. It allows both parties to maintain control over the outcome and can often preserve business relationships that might otherwise be strained by a contentious legal battle.

Set Up a Confidential Consultation With a Top-Tier Miami Breach of Contract Lawyer

At Pike & Lustig, LLP, our Miami breach of contract attorneys are committed to legal advocacy. We are committed to helping clients resolve their business law disputes in the most favorable, cost effective manner possible. Contact us today to set up your strictly confidential initial consultation. Our firm provides commercial litigation services throughout South Florida.

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