Bradenton Breach of Contract Lawyer
Contracts are the foundation of the construction industry. Every project relies on contracts between the different parties involved, including the property owner, the general contractor, subcontractors, laborers, and suppliers of materials. Unfortunately, not all construction contracts are valid and even when they are, any party can breach the terms of the agreement at any time. When this happens, the party that sustained losses from the breach can take legal action. Below, our Bradenton breach of contract lawyer explains in further detail.
Elements of a Valid Contract in Florida
In order to be valid and therefore, subject to enforcement, construction contracts must contain several elements. These include:
- The offer: In order to be valid, a construction contract must include an offer made by one party to the other. For example, a contractor may agree to ensure certain types of work are done during the project.
- The acceptance: The party that receives the offer must accept it in order for a contract to be valid.
- The considerations: Both parties must provide consideration to make a contract valid. This means that all parties listed in a contract must bring something of value to the agreement. For example, while a contractor may agree to perform certain types of work during the project, a homeowner may agree to provide financial compensation for the work.
Proving Breach of a Construction Contract in Florida
It is critical to know the element required in a breach of contract claim before taking any legal action. These elements include:
- A valid contract was in place
- One party breached the terms of the contract, meaning they did not fulfill the responsibilities placed on them through the contract
- The party who did not breach the terms of the contract incurred damages, or losses, as a result of the breach
It is also important to note that the breach must be material, or important. For example, if one party’s name was misspelled on the contract but all other terms were met, that would not constitute a breach of contract because the mistake is not material and did not affect the outcome of the project.
Preventing a Breach of Contract
Preventing a breach of contract is not always possible, but there are steps contractors can take to protect themselves. The first is to confirm with the client exactly what both sides expect so their issues regarding interpretation do not arise. If possible, it is also recommended to research the other party to determine if they have had contract disputes in the past. This is often easiest when the client is a commercial or business owner. Lastly, working with a Bradenton breach of contract lawyer can ensure that a contract is properly drafted, and fully reviewed, to ensure that it is fair to all parties.
Our Breach of Contract Lawyer in Bradenton Can Help
There are many ways to resolve breach of contract disputes. At The Cahall Law Firm, PLLC, our experienced Bradenton breach of contract attorney can advise on the best way to resolve your dispute so your rights are protected and you obtain the most favorable outcome possible. Call us now or contact us online to schedule a consultation and to learn more about how we can help.
