TheFort Myers CityScoop

Contract Law News
Fort Myers, FL

Fort Myers, FL – What kind of lawyer do you need for a breach of contract?

BY: Brian Zinn, Zinn Law

Sound Advice for Legal Agreements and ContractsIf you’re facing a breach of contract scenario, you’ll need the right lawyer to handle your case.

Technically, the vast majority of practicing attorneys can handle a breach of contract case, but should they? Contracts can be highly complex documents. You want to have an experienced attorney in this type of proceeding fighting for you and your interests. That’s why you should look for some specific qualifications when looking for an attorney. In this article, ZinnLaw will examine breach of contract cases in Florida.

What does breach of contract mean?

First, let’s discuss what constitutes a breach of contract. A contract is a formal agreement entered into by two parties. It can be written or verbal. If the terms of the contract aren’t upheld by a party, the other party has the option to pursue legal action. Simply put, if one party doesn’t do what they promised to do in the contract, the other party could sue.

There are two types of contract breaches:

  1. In a material breach, one party does not perform his or her promised action, rendering the contract irreparable. The affected party can sue the party who has breached the contract for damages.

 

  1. An immaterial breach or minor breach does not change the terms of the contract. Both parties must fulfill the terms of the contract after a minor breach occurs, but the party who has not breached the agreement can sue the other party for damages.

 

Florida law only recognizes a material breach of a contract. What is a material breach according to Florida Law? To establish a material breach, the party alleged to have breached the contract must have failed to perform a duty that goes to the essence of the contract and is of such significance that it relieves the injured party from further performance of its contractual duties. Material breaches can include:

  1. A failure to perform the obligations laid out within a contract 
  2. A failure to perform contracted obligations on time, 
  3. Failing to deliver goods or failing to deliver the right goods
  4. Failing to pay for goods or services
  5. Divulging proprietary information covered by a confidentiality agreement
  6. Violation of a non-compete agreement in an employment or business contract
  7. Misrepresenting the value of collateral used to guarantee the repayment of a loan

 

That said, breaches of contract aren’t always that clear-cut. A party can still bring suit against the other party even if the terms of the contract are fulfilled. Here’s how. If the terms of the contract weren’t met on time or completed to the contract’s specifications, one party could still be held liable for breach of contract.

Most of the law governing contracts has developed over time, through precedent set by other cases. That’s why it is important to have an experienced contract law attorney, like those at ZinnLaw in your corner if you are dealing with a potential breach of contract.

“Best Contract Lawyer in Fort Myers, FL”

Top Rated Local Contract Attorney / Contract Law Firm

Lee County: Fort Myers, North Fort Myers, Naples, Cape Coral, Estero, FL

Recent

“Best Contract Lawyer in Fort Myers, FL”

Top Rated Local Contract Attorney / Contract Law Firm

Lee County: Fort Myers, North Fort Myers, Naples, Cape Coral, Estero, FL

CityScoop is the top ranked local business news network in the United States. Established in 2008, CityScoop has been providing local communities with high quality news about local businesses and their most recent projects.

About Cityscoop
ABOUT THE AUTHOR

LOCAL INDUSTRY EXPERT

AUTHOR & CONTRIBUTOR
Profile Avatar Click to view Author Bio

Brian Zinn

Zinn Law

Leave a message

Please wait...

Location

10501 6 Mile Cypress Parkway,
Fort Myers, FL 33966, USA

(Get Directions)

10501 6 Mile Cypress Parkway,
Fort Myers, FL 33966, USA

Recent

ABOUT THE AUTHOR

BIO: Brian D. Zinn is a bankruptcy attorney who services clients in Fort Myers, Estero, Cape Coral, Bonita Springs, Naples, FL. His main areas of practice are contract law, construction law, litigation and bankruptcy law. At Zinn Law, our goal is to provide each of our clients with legal assistance that is accurate, personalized, courteous, and cost-effective.

QR CODE

Fort Myers, FL – What kind of lawyer do you need for a breach of contract?