A Business Litigation Lawyer Melbourne, FL Can Trust
Owning your own business is certainly a dream for many ambitious entrepreneurs. The advantages of being a business owner are many including being your own boss and dictating the direction of your company. Unfortunately, as a business litigation lawyer in Melbourne, FL knows all too well, there are challenges as well.
There are many risks: inconsistent income, unforeseen expenses, untrustworthy employees, exceptionally long hours with minimal vacation. Additionally, owning one’s own business may also include lawsuits against your company or those which you have to file against others to protect your company.
Arcadier, Biggie & Wood, PLLC can work on your behalf to resolve any legal issues that your business is experiencing. Our team has extensive experience with business litigation, and our goal is to always consider our clients’ best interests by solving their toughest legal problems in the most expedient and cost-efficient manner. It is important for the security of your company to seek legal advice from a Melbourne, FL, business litigation lawyer, like Arcadier, Biggie & Wood, PLLC, who can provide valuable guidance. We work for clients in all industries to resolve issues from disputes that include, but are not limited to, the following:
- Claims against another company.
- Claims against an individual or group of individuals.
- Claims against a government entity.
- Disputes concerning business and commercial relationships.
- Breach of contract of fiduciary duty (defined as the withholding of something, usually money).
- Partnership disputes.
- Regulatory investigation.
- Finance and investments.
- Intellectual property, including trademarks, registered designs, and patents.
- Insurance disputes arising from construction, motor vehicle, and product liability accidents.
- Cybersecurity. Businesses face threats everyday through the internet. Your company needs privacy and cybersecurity monitoring to protect against irreparable damage from these constant threats.
- Trade secret disputes such as those that include contact lists of clients, sales leads, industry or product proprietary formulas, etc.
- Business conspiracy, which is the practice of one business willfully and maliciously injuring the plaintiff’s business, trade, or profession. Claims are popular in Virginia because there is a business-conspiracy statute that prohibits conspiracy claims and allows the recovery of triple damages in addition to reimbursing attorney’s fees to the successful plaintiff.
Lawsuits are a matter of public record. A lawsuit can damage a company’s reputation resulting in a variety of negative consequences for that business. A company does not want the potential public relations issues caused by legal actions. It is important to be prepared for possible disputes by meeting with a business litigation lawyer in Melbourne, FL to discuss which aspects of your business may be vulnerable to litigation. Arcadier, Biggie & Wood, PLLC works to minimize litigation risks and any attorney on our team can advise you on practical means to protect your company.
What is a Material Breach in Business Law?
As a business litigation lawyer Melbourne, FL businesses rely on, our firm regularly handles breach of contract matters. When you are in business and sign a contract with someone, you do so expecting that your business and their business will hold up both ends of the bargain. However, signing a contract ensures that you are both legally responsible for fulfilling your duties and if a party does not fulfill their duties, there will be legal repercussions. When there is a material breach of contract, it is when one party fails to perform their duties as outlined in the contract. Because the duty was so important to your agreement, it means that the agreement cannot be fixed and the party who experienced this breach can take the offending party to court. Once they go to court, they can collect damages that occurred because of this breach. When you do go to court because of a material breach of contract, it is important to have a business litigation lawyer Melbourne, FL trusts on your side to ensure you have the representation you need and who will know the ins and outs of business contracts. CallArcadier, Biggie & Wood, PLLC for more information.
Example of a Material Breach
When you sign a contract with a business, a material breach—also called a “total” breach—means that they are depriving you of the heart of the contract. So, if you go to a bicycle shop and you and the shop owner sign paperwork that says you will get a $1,000 bicycle that comes in a specific color and has certain safety features, but they ship you a bicycle that is not in the right color or that is lacking these safety features, this would not necessarily be a material breach. This does not destroy the heart of the contract—you still received the $1,000 bicycle, just not with the added features. Instead of ending the agreement, it would likely make more sense to go back to the shop and demand that they fix the situation by giving you the right color and the safety features.
However, if the contract stipulated that the bicycle you were purchasing was previously owned by Lance Armstrong and had his signature on it, but instead, it was an entirely different bicycle, you were not given the very specific and unique bicycle that you signed a contract for. This would be a material breach. In this case you would want to consult a business litigation lawyer Melbourne, FL has to offer for further advice.
How can you determine if a situation is a material breach?
Typically, if there is some way that you can be compensated for the breach in contract, it will likely not be considered a breach in contract. If money or some other physical object can fix the situation, then it is possible to keep the original contract in place. You may still need to talk with a business litigation lawyer Melbourne, FL respects, but this will be dependent on the circumstances of your legal situation.
Getting Legal Help
When it comes to material breaches, a business litigation lawyer Melbourne, FL trusts can help you determine if your contract is a material breach or if some amount of remediation can fix the situation. In fact, instead of leaving it up to the judge to decide, it is possible to put clauses into the contract before there is ever a breach to clearly outline what a material breach would be in your situation.
Call a Business Litigation Lawyer Melbourne, Florida Businesses Have Been Relying On For Decades, Call Arcadier, Biggie & Wood, PLLC
It is almost always preferable to privately resolve business disputes; however, when this format isn’t possible, a dispute attorney can be an invaluable asset. Arcadier, Biggie & Wood, PLLC aggressively attempts to resolve issues using mediation and arbitration, but is prepared to go to court if necessary to protect your company’s business interests. Contact an experienced business litigation lawyer Melbourne, FL companies trust from Arcadier, Biggie & Wood, PLLC, today.