Operating a small business can involve entering into multiple contracts. Under the best of circumstances, these crucial legal agreements can help protect your interest and support your enterprise. However, there is always the potential that something could go wrong or for there to be a contractual misunderstanding. In this type of situation, you and another party may end up in a lawsuit. In this situation, you may be wondering: Do I need a business lawyer for a small business contract dispute?
Small Business Contract Disputes
Every day hundreds of thousands of Florida small businesses operate using contracts. These essential agreements can be for everything from securing office cleaning services to establishing vendor contracts. Small business owners may also rely upon contractual documents such as letters of intent, confidentiality, and non-disclosure agreements. When one or both parties fail to perform a term under their contractual agreement, they may be in breach and subject to financial consequences.
Why You Need a Business Attorney for your Small Business Contract Dispute
Small business contract breaches can range from having a relatively minor impact on operations to being highly problematic. However, before you can properly assess the situation, you will need to find out more about your agreement. A business attorney will know what questions to ask to determine:
- If you have a Valid Contract—Before you can evaluate your potential contract issue, you will need to determine if your contract is valid. Certain conditions must be met under the law for a Florida business contract to be valid and enforceable. A Florida business attorney can help you examine your agreement and determine its validity.
- If there has been a Breach—While it may seem that a contract breach would be apparent, that may or may not be the case. The contract’s terms may provide for certain events to take place without there being a breach. Further, not every problem will rise to the level of a breach. Your business lawyer can help you evaluate the document and determine whether there has been a breach.
- If there is a Valid Excuse—Not every breach of contract is worthy of having a dispute. There can be times when a party has technically breached a contract but has a valid excuse for doing so. For instance, a party may not have been able to deliver a complete order of a good because of supply chain issues. In that circumstance, the breaching party may have a reasonable excuse for not completing the quantity term. Your business lawyer, can you help examine potential excuses for a breach.
- Your Potential Remedies—Breach of contract disputes can involve multiple remedies. There is always the option of going to trial. However, most contract disputes are settled outside of court. The parties may choose to settle using an alternative dispute resolution such as mediation. They may also be required to submit to binding arbitration. There can also be circumstances when parties can negotiate informally without filing suit. A business law attorney can help you evaluate your circumstances and remedies.
Contract disputes can escalate quickly and have devastating consequences. Therefore, if you believe you and another party may have a contractual dispute, you should consult with an experienced Florida business attorney as soon as possible to evaluate your agreement and determine your options.
Contact an Experienced Florida Business Attorney
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.