Business Litigation Lawyer Melbourne, FL
If your company is involved in a breach of contract dispute, contact our business litigation lawyer Melbourne, FL relies on from Arcadier, Biggie & Wood, PLLC to learn how we can help you effect a positive outcome. A breach of contract claim or lawsuit is a common scenario, and the manner in which it is resolved, as well as the outcome can have long term effects for those involved. This is true even before the dispute enters the courtroom. Our business lawyer Melbourne, FL knows endeavors to place clients in the most advantageous position for court-ordered remedies or out-of-court settlements. Whether your company is the breaching party or the injured party, turning to an experienced business litigation lawyer Melbourne relies on to represent your best interests is a wise investment.
What is a partial breach of contract?
A partial breach of contract is the failure of a party to meet an aspect of the contract they engaged in with another party, thereby possibly allowing the aggrieved or second party to sue the other party for the damages they incurred as a result of the breach. Our Melbourne, Florida business litigation lawyer can represent either party in the dispute, ensuring a fair resolution.
What is an example of a partial breach of contract?
A company hires a contractor to build an addition to their office building. Within the work contract is a specification that the exterior walls must be painted to match the existing building’s colors which are the colors of the company’s logo. Though the contractor builds the structure to specifications, they neglect to match the exterior color, which also does not meet the company’s branding, thereby lessening the perceived value of the paint scheme. Should the contractor balk at repainting the building and at their own expense, the company may elect to hire a business litigation lawyer. Possible resolutions include a discount that reflects the cost of eventually repainting the exterior or a new paint job.
What is a material breach of contract?
When one party fails to fulfill their obligations as specified by the contract with another party, thereby destroying the integrity of the contract, they may be liable for the resulting damages.
What is an example of a material breach of contract?
Using the above example, if the contractor used substandard materials or violated building code requirements, resulting in a very real likelihood of structural damage or hazardous conditions, the company may demand that the imperfections be rebuilt properly or, in more serious cases, tear down and properly rebuild the structure. Alternately, the company’s business litigation lawyer from Melbourne, FL may demand payment equivalent to what another contractor might charge to remedy the structure should the company have lost confidence in the contractor’s ability to meet their contractual obligations. When a contract is wholly and materially breached, it is sometimes referred to as a repudiatory or fundamental breach of contract.
What is an anticipatory breach of contract?
This is when a party to the contract does not maintain their efforts in order to fulfill their obligations in accordance to or before the close of the contract. As a result, the other party reasonably assumes that the contract will be breached and they will suffer damages accordingly.
What is an example of an anticipatory breach of contract?
A contractor agrees to complete the building of a structure by a certain date, but has not made material progress toward that end, and a significant amount of work remains and is unlikely to be finished by the contract’s completion date. The company’s business litigation lawyer may demand that the contractor procure additional resources as necessary in order to complete the building in time, or else be fined a certain amount of money for each day that extends past the contractual end date.
To learn more about the legal services offered by our business litigation lawyer in Melbourne, FL, contact Arcadier, Biggie & Wood, PLLC today.