A business lawyer can play an integral role in the success of your small business.

While this is true, you do not have a lawyer on retainer and you don’t plan to hire until you are served with a lawsuit or face a legal issue.

Waiting until you have been sued to get legal help can be risky for your small business.

When you hire a business lawyer early, he/she is available to resolve many disputes before actual lawsuits are filed. He understands the in’s and out’s of your business and knows how to protect it.

This proactive approach leads to less costly dispute resolutions for all parties involved, especially for you.

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To speak with a business lawyer directly, give us a call at 954-779-7009.

When entering a business agreement, it is always best to have a legally binding contract in place.

Whether you are attempting to purchase real estate or use the services of another company, rely on a valid contract that sets forth the intentions and obligations of all parties involved.

What is a “legally binding” contract?

A legally binding contract is a written agreement between two or more parties that is enforceable by law.

To be considered binding, every contract in Florida must have 3 essential elements. (If your contract is missing any of the 3 elements, it is not valid and cannot be enforced.)

Regardless of the nature of your business, having contracts in place can be essential to your company’s success. Now is a great time to re-evaluate the written agreements you are relying on.

Contact our business lawyers for help negotiating deals, drafting and enforcing contract terms.

As a business owner, you constantly struggle with the thought of cutting back your costs and budget, and the possibility of having to lay off employees and add to the rising unemployment rate. But the fact remains, you are responsible for finding ways to keep your company viable while you deal with the current crisis. That means in many companies, layoffs are inevitable.

While you work hard to cut your budget and control your costs to deal with the business losses you’ve experienced, you may find you’re forced to downsize the number of employees in your company.

With that said, it’s not always simple to determine who will be laid off. While you may be able to fade out certain positions, you’ll find there are others you cannot afford to dissolve.

For instance, it may not be a good idea to completely fade out the legal services your in-house attorney provides to protect your company. In fact, it may be an absolute wrong decision as claims of wrongful termination and other employment disputes tend to increase when layoffs occur.

So, what can you do?

You can outsource to a local contract attorney many of the same legal services an in-house attorney offers. Does this mean you must completely dissolve your company’s legal department? No. But it does mean a contract lawyer can prevent you from having to hire more salaried in-house attorneys and support staff.

Although much of the news we hear focus on the loss of jobs once held by middle Americans, there are other industries that are often overlooked. The legal industry has been hard hit by the economy. It was already heavily saturated and very competitive, and the economy has only exacerbated that reality.

Now, instead of hiring more in-house salaried lawyers, many corporations hire contract attorneys to provide legal services they need. In many instances, a lawyer working on a contract basis has the same (and sometimes more) education and work experience as the typical in-house attorney.

Has your company considered outsourcing to fill in-house attorney positions following layoffs?

You signed the contract without hesitation and expected everything to go as planned.

Unfortunately, the opposite happened and you are out of valuable time and money.

When does a contract breach occur?

A contract breach typically occurs when one or more parties refuse to perform as promised and/or act (or fail to act) in a way that prevents another from fulfilling his/her obligations.

Contracts can be breached in whole or in part, and some breaches are more severe and damaging than others. Learn about the types of contract breaches here.

Do you have a viable breach of contract case?

Every contract and broken agreement will not justify taking legal action in Florida.

If you cannot meet the “cause of action threshold” established by the courts, you cannot file a lawsuit to recover the damages you suffered.

Does your case meet the threshold?

Check out this article – Questions to Answer about your Breach of Contract Case – to find out.

In this article, we are going to address 6 common defenses your business can use to defend breach of contract claims.

If you have been accused of breaking a agreement, you want to continue reading.

1. Statute of Limitations
The SOL is the time limit you have to pursue a legal action. A breach of contract lawsuit must be filed within 5 years of the breach in Florida. If not, the claim is permanently barred which prevents any type of recovery.

2. Duress
Duress occurs when you are pressured, forced or coerced into signing a contract. According to Florida law, you can use this defense against breach of contract claims.

3. Implied Covenant of Good Faith and Fair Dealing
The implied covenant of good faith and fair dealing requires every party of a contract to act according to its purpose. While this is a commonly used defense, it should be noted that it will not negate the terms of a valid contract in Florida.

4. Impossibility of Performance
If you are unable to perform as per contract terms due to circumstances beyond your control, this is referred to as impossibility of performance. Florida courts have established this as a legitimate defense to select breach of contract claims.

5. Unconscionable Contract Terms
A contract is unconscionable if the terms are unjust, unfair or outrageous.

6. Unilateral or Mutual Mistakes
A unilateral mistake occurs when one party is mistaken about the terms of a contract. A mutual mistake happens when all parties misunderstood the contract at the time of signing. Under Florida law, a mistake may be a legitimate defense for not performing as obligated.

If you are being sued for breaking a business agreement, you must understand how to defend and protect your business and personal interests. This article addresses a partial list of defenses; one or more may apply to your situation. There may be other defenses available to you that have not been covered in this blog post.

Do not delay! Contact our business lawyers to discuss your legal options. Give us a call at 954-779-7009 or click here to email us.

Because laws vary from state to state, a contract that is valid in California may not be enforceable in Florida. A general contract form from your local office supply store, although properly formatted, may not fully adhere to the laws in your state.

3 Components of a Valid Contract

In Florida, a contract must have 3 essential components to be considered valid and enforceable – an offer, acceptance of the offer, and consideration.

1. The offer
An offer is a written or verbal statement by any party expressing his/her intent to enter into a contract under certain terms. It can be negotiated, re-negotiated, withdrawn or rejected at any time prior to acceptance.

Once the offer is accepted and the contract signed, you are considered a party to the contract and are obligated to perform as agreed.

2.Acceptance of the offer
When an offer is presented, all parties to the contract must fully and openly accept it. Acceptance can be in writing, verbally over the phone, or via the U.S. mail. In the latter case, the offer is deemed accepted from the moment the mail is placed inside the mailbox; not from when the recipient receives the mail.

3.Consideration
Consideration describes the value that will be given to the parties of the contract in exchange for their performance. It must be present in all Florida contracts.

There are different forms of consideration – including money, services and tangible items. Without consideration, the performances promised in your contract are merely gifts.

Doing business with valid contracts is essential to your success. Now is the time to evaluate the contracts you are relying on. Are you fully protected or leaving your business vulnerable?

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