The Atcachunas Law Firm, P.A.
Civil Litigation

Civil Litigation

Breach of Contract

gableFlorida breach of contract occurs when one or more parties fail to perform any term of a contract without a legitimate legal excuse. One of the primary elements for a claim of Breach of Contract is that there must be a valid contract. To create a valid contract there must be an offer, acceptance, and consideration. Often the parties can create these elements through actions that they take that are consistent with the creation of a contract.

Some examples of breach of contract are not paying on time or not paying in full, failure to complete a job, failure to deliver all goods in the contract, delivery of the wrong goods or services, or any other act that shows a failure to complete all or a part of the contract.

The claimant (person brining the breach of contract action), must prove by a preponderance of the evidence (more likely than not) that there

1.is a contract,
2.a breach of that contract occurred,
3.damages resulted from the breach, and
4.there are no valid defenses for the breach.

There are many types of contracts and the requirements for each vary by state law. Some contracts are governed by the statute of frauds, which require a writing signed by the party who is in breach. Other contracts have implied terms and / or conditions that are created by the Florida UCC and deal with the sale of goods.

Florida contracts law seeks to put the parties in the position as if the breach had not occurred. Unless there is a statutory justification, or clauses in the contract, attorneys fees may not be recoverable.

Commercial Litigation

Sometimes business relationships and commercial transactions result in disputes in which alternative measures such as negotiation or mediation are not possible. Under such conditions, litigation may become your only option, and you will need the assistance of an experienced corporate lawyer.

Commercial litigation may include:

  • Breaches of contract
  • Non-competition issues
  • Interference with business relationships
  • Employment disputes
  • Consumer protection issues
  • Business dissolutions
  • Breach of fiduciary duty
  • Partnership Disputes

Non-Compete Agreements

A non-compete agreement ensures that one party to the contract, typically an employee, agrees not to seek or engage in a similar profession or trade that is in competition against another party, typically the employer. Such agreements have the effect of preventing an employee from using confidential information about its former employer such as trade secrets, internal office practices, client lists or marketing plans to gain competitive advantage with a new employer. Non-compete agreements may be a vital method of protecting your business’s interests.

Small Claims

Small claims often involve disputes between individuals or an individual making a claim against a business. Such claims may involve money or other types of property, and typically involve any amount that is under $5,000. Whether you are a business seeking payment for goods or services provided, or an employee who is owed wages, our attorneys are here to help you. It may be possible to resolve the dispute without the matter resulting in litigation, for example, having a civil lawyer write a letter demanding payment. In the event that litigation is required, our business attorneys are fully-prepared to represent you in seeking what you are rightfully owed.