In a perfect world, there would be no breaches of contract. All parties would uphold their end of the contract and both sides would walk away satisfied. Unfortunately, that doesn’t always happen. However, you can take steps to protect yourself from a breach of contract scenario. Here are some steps to consider:
- Document all contract negotiations in writing. Be sure to include specifics about terms and conditions: the offer history, quantities, prices and the like.
- Be able to clearly articulate the contract goals and points of negotiation.
- Triple-check terms and conditions every time a contract update occurs. Use special care when working with a new negotiator or when specs or requirements change.
- Make sure you understand the definitions of industry terminology, legal words, and jargon to avoid misunderstandings.
- Have an experienced contract attorney assist with negotiation.
The best way to ensure any contract you have is sound is by consulting an attorney on the front end before the agreement gets signed. Even if you’ve negotiated contracts before, having an attorney, like those at Zinnlaw review the terms before either party signs is always the best practice.
What kind of lawyer should you hire for your breach of contract case in Florida?
Even if you took measures to protect yourself when negotiating a contract, disputes do arise. That’s where attorneys like ours at Zinnlaw come in—to represent your interests in the dispute.
If you have a breach of contract case, a litigator or civil litigation attorney with experience in contract law is your best bet. Why? A litigator is an attorney who handles disputes that could go to trial for a final decision. He or she “litigates” the case in court. Civil litigation refers to non-criminal cases.
Civil litigators are versatile: Civil litigation is tried in a civil court using the rules of civil procedure. Along with breach of contract cases, civil litigators handle a multitude of matters including family cases, divorces, personal injury, construction, business transactions and more.
Choose a litigator who knows contract law: Not every civil litigator is experienced with contract cases. That’s why you should seek an attorney who has some level of history and expertise dealing with contract law, such as ZinnLaw. Contracts often have clauses, disclaimers, limited warranties and waivers that could limit remedies. Our attorneys are well-versed in contract law with the training and experience to read through these complicated documents and find any of these potential limitations. Discussing the contract in question with our experienced attorneys will help you better understand these scenarios.
Find a litigator familiar with specialty contracts: Even if a litigator has experience with contracts, he or she may not be familiar with a particular type of contract. Some industries have language and terminology that’s highly specific and require even more specialized knowledge. For instance, a contract pertaining to a software licensing agreement would likely cover very unique circumstances. Therefore, you’d want to find an attorney experienced in this area.