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Posts Tagged ‘breach’

Recover Damages in Florida Breach of Contract Cases

July 5th, 2010

By Mark Schecter | 2 Comments »

recover damages A contract breach can be minor or major. The latter is known as a material breach.

If you are on the wrong end of a broken contract, you may be able to recover the damages you sustained. You may also be discharged from performing any of the duties outlined in the contract.

Let’s review four types of damages you can recover in Florida breach of contract cases, They are: monetary, liquidated, specific performance and attorney fees.

Monetary Damages

If you have lost money because another party failed to perform work or provide products as promised, your losses are considered monetary damages. The amount of your damages can be decided by comparing where you are after the breach to where you would have been if the breach did not occur.

For example, you hired a builder to add a room to your home but he only completed 50 percent of the job. You are left searching for another builder to complete the remaining 50 percent of the project. The money you will spend for the second builder to complete the project are your monetary damages.

Liquidated Damages

Liquidated damages are used to compensate you when there is no clear way to calculate your loss. You and the breaching party can agree on a specific amount for the damages to resolve the case.

Specific Performance

The courts can order specific performance when monetary damages will not fully compensate the injured party. This is particularly helpful in cases involving artistic expressions that are difficult to place a monetary value on.

Attorney Fees

Litigating a breach of contract case can get costly. You have to pay the attorney for his time and cover the court fees, among other expenses. If the contract in question authorizes attorney fees when a breach is involved, you can recover those fees to pay your attorney.

Have you lost money due to a contract breach? What were your damages?

Contact our office to discuss action you can take to recover your damages.

Send us an email or give us a call today (954) 779-7009.

Florida Breach of Contract Elements

July 5th, 2010

By Mark Schecter | 1 Comment »

breach of contract elementsWe have discussed the importance of doing business in Florida with a valid contract. But that is just one piece of the puzzle. The other is the conclusion of the contract.

Are all obligations fulfilled by the parties involved?

Despite having a contract in place, there will be times when a party fails to fulfill his/her obligations and breaches the agreement.

This can cause substantial damages for you and other parties that are injured by the “breacher’s” actions.

On the other hand,  a breach by one party terminates the valid contract – which may release you from your contractual obligations.

How Breach of Contract Cases are Reviewed

In Florida, the courts have established a clear standard of review for breach of contract cases.

Three elements must be satisfied to prove that a breach occurred and you are entitled to damages.

1. Valid Contract

First, you must prove that a valid contract exists. A written contract signed by all parties will likely satisfy this requirement.

If you are relying on a verbal contract, this element can be difficult (but not impossible) to prove.

2. Material Breach

Next, you have to show the court that the breach was major (material) and not minor.

In Sulkin v. All Florida Pain Management, Inc., the court said that failure to perform a minor part of a contractual duty cannot be classified as a material or vital breach.

3. Damages

To recover damages due to a contract breach, you must prove the damages were sustained as a direct result of the breach.

There are many court cases in Florida that deal with broken contracts and damages. 

If your company has been injured by another party’s breach, contact our contract lawyers to discuss how you can recover the damages you sustained.

Give us a call at (954) 779-7009 or email our attorneys directly.