Breach of Contract

Breach of contract actions come in all shapes and sizes given the multitude of activities that can be governed by a contractual agreement. Many contract cases turn on whether one party upheld its end of the bargain under an agreement, whether the agreement itself is vague or ambiguous with regard to the rights or duties of the parties or whether the contract at issue is legally enforceable against one of the parties. Many times, however, one party has performed their contractual duties and is simply seeking payment from the other party to the contract. The legal issues applicable to contracts are numerous and complex at times and can be used by any party to a contract to either assist with the enforcement of a contract or to defeat the contract. If you are in doubt about your rights or liabilities under a contractual agreement or you are simply seeking payment after you have upheld your end of the bargain, we can help ensure that your rights are adequately protected.

We have handled a variety of breach of contract cases, including those involving:

    • employment contracts
    • service contracts
    • brokerage contracts
    • operating agreements
    • staffing contracts
    • placement contracts
    • management contracts
    • partnership agreements
    • contracts for the delivery of goods
    • insurance contracts

In handling these cases, we have seen numerous instances where the opposing party is merely trying to avoid its obligations by claiming false or misleading defenses to the agreement at issue. If your business is suffering because another party has failed to uphold its end of the bargain, we may be able to assist you in holding that party accountable.

Fraud and Misrepresentation

Fraud and misrepresentation cover many different types of factual scenarios. However, the most common forms of Florida fraud and misrepresentation cases that we handle concern the misrepresentation of relevant and important facts in connection with the purchase of a business. Typically, when a potential buyer of a Florida business is performing its due diligence work, the seller of the business or of assets makes certain representations as to the value of the business, either in the form of past gross income, the value of the assets or likely projections of future income of the business or asset being purchased. During the due diligence period, many records are either sheltered from the buyers or are altered, thus leaving the buyer in a disadvantageous position because the buyer is not given a full picture of the financial health of the business. Whether the misrepresentations are made either intentionally or negligently (i.e. information that is represented without actual knowledge of its truth or falsity), you may have specific and enforceable rights under Florida law if the seller of the business made those misrepresentations as an inducement to enter into the transaction for the purchase of the business or asset. As with all other areas of the law, various statutes of limitation will apply to your claim. Should you not bring a legal action within those statute of limitation time periods, then you could lose your right to sue forever.

Should you wish to discuss Florida law concerning breach of contract, fraud and/or misrepresentation in the business context, please feel free to contact us to allow us to assist you in moving forward.

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Smoak, Chistolini & Barnett, PLLC

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Smoak, Chistolini & Barnett, PLLC