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Contractual Disputes

We represent people, corporations, specialists, and real estate owners in a variety of legal situations, including contract disputes, at Foltz Law PA. Our contract attorneys defend clients at all stages of the dispute resolution phase, including pre-claim negotiations, mediation, arbitration, trial, and appeal.

Contractual Breach How do Contracts work in Florida?

A contract in Florida is a legally binding document or commitment between two parties that can create a duty to do or refrain from doing anything. A contract's main function is to define the terms and conditions of a contract or promise through which the parties establish their duties and rights. 

In legal terms, a breach of contract is a violated commitment to do or not do something. A contract breach might be a one-time occurrence or a series of recurring occurrences. A legal action for breach of contract is a civil action, and any remedies given are intended to put the aggrieved party in the same situation as if the breach had not occurred. Contractual remedies are intended to recompense the non-breaching party rather than penalize the breaching party. A contract is a legally binding promise or set of promises that can be made orally or in writing; however, certain promises involving specific matters must be in writing to fulfill the Statute of Frauds, which is a substantive law rule, not an evidence rule, that recognizes certain matters that must be demonstrated by a formal agreement to give effect by a court.

Contractual Disputes 

Contract drafting may be a time-consuming and difficult procedure. Along the path to a solid contract, numerous phases must be completed. It is necessary to make an offer. Acceptance of the offer is required. For the goods or services in question, there must be some kind of payment or consideration. During any of these phases, a contract dispute may arise.

The following are examples of common contract disputes:

  • Contractual Breach
  • Disputes over offers and acceptance
  • Errors or omissions relating to the contract's conditions
  • Contract under duress
  • Fraud

When one or both parties to a contract are unclear about the terms of the contract, a contract dispute is likely to occur. Sometimes it's just a single term or definition in the text that makes the difference. When drafting any contract, keep the following principles in mind:

  • Know what you want to achieve: It might be difficult to establish a good agreement if you or the other party are unsure of what you want out of the contract. Every negotiation issue, such as the number of units, sales price, and other variables, should be spelled out in great detail.
  • Changes should be noted: When a product changes or you're dealing with a new negotiator, you should be extra cautious. To avoid probable fraud, double-check terms and credentials.

  • Keep notes: During each phase of the contracting process, keep a written record of the talks. This helps you to keep track of past offers, pricing, quantities, and other relevant information.

Engage the services of a contract attorney

Working with a pro is beneficial. Foltz Law PA’s experienced contract lawyers are well-versed in all elements of contract preparation, evaluation, and negotiation. We assist people, organizations, and corporations with all aspects of contracting.

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Bryan Foltz

Managing Attorney