Category: Florida Contract Law

Below are some introductory articles from Miamilawyer1.com for Florida Contract Law. 

If you need immediate assistance related to a Florida contract, please select the Miami Lawyers tab at the top of the page.  Before signing any contract, one of our Miami Lawyers can assist you with Florida Contract Review services to explain your contract rights and obligations.  Should you need a custom contract drafted from scratch, one of our Miami Lawyers can provide you with Florida contract drafting services to suit your needs.  This includes the drafting of amendments or revisions to your existing contract.  Finally, if you have a dispute over a contract or need the same enforced, please see our list of Miami Lawyers to help you with Florida contract litigation to prosecute your case in Court.

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Florida Contract Review

Florida Contract Review Help

Russell Law and Patrick Russell, Esq., a Miami Contract Lawyer can assist you with Florida contract review.   A new contract should be reviewed by a Florida contract lawyer prior to the time that you sign the contract.  Having a lawyer review your contract after you sign it may not help you as it will be difficult to make changes to the contract once it has been signed.  The time to review and the best time to change a contract is always before the time the contract is signed by both parties.  Advance legal review of a contract allows the lawyer to identify possible problems with your agreement.  If a particular contract was drafted by a non-lawyer, it is quite possible that the contract lacks certain necessary terms and conditions. Likewise, if you are using a printed form from an office supply store or the Internet, review is still needed as those forms still might not be applicable to your particular situation or they to may lack essential terms and conditions.  If the contract was drafted by a lawyer representing the other side, you should take caution in entering the agreement since that lawyer has no obligation to represent you or to ensure that your rights are protected.  Not knowing what your contract provides or failing to read the contract is not a defense in a court of law.  By law, you are presumed to have read and to understand all terms and conditions of your contract.  If this is not the case, you should seek the help of a Florida Contract Lawyer who can help you.

Existing contracts can be reviewed by a Florida lawyer at any time if you should have questions as to your rights or duties.  We can sit down with you and thoroughly review your contract to answer any of your questions.  Potential problem areas can be identified so you may address and plan for the future.  Due to a change in circumstances, it may become necessary for you to modify or amend your existing contracts.  Russell Law can help you with Florida contract drafting and revising your existing agreements.

Florida Contract Review Benefits

Russell Law and Patrick Russell, Esq., a Miami Contract Lawyer are available to assist you with Florida contract review.  Unlike a printed form from the store or Internet, we can sit down with you and discuss your legal rights and answer your questions.  Thereafter, we can suggest changes to your contract so that it better suits your purpose.   The law will not protect you from making a bad business deal, paying too much, or  having buyer’s remorse.  The law will however protect you from a bad contract that should not be enforced.  With its experience, Russell Law can sort through these issues and help you identify problems with the contract.

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Miami Contract Lawyer

Florida Contract Law Help

Russell Law and Patrick Russell, Esq., a Miami Contract  Lawyer can assist you with Florida contract drafting for the creation of new agreements and contracts.  Typical contracts include purchase and sale contracts for goods or property, service agreements for the provision of services, employment contracts, non-compete agreements, and confidentiality agreements.  We can also provide Florida contract review for proposed contracts before you sign them.  Finally, Russell Law can either defend or prosecute Florida contract litigation cases when there is a contract breach.

Florida Contract Law

Reduced to its simplest form, a contract is nothing more than the exchange of mutual promises by two or more parties. The basic elements of a contract are an offer, an acceptance of the offer, and consideration for the offer. Consideration is a benefit or detriment that a party receives for making or accepting an offer. The most common form of consideration is the payment of money.

Contracts between individuals or businesses need not always be in writing. However, a written contract is by far the best approach to take to protect your interests.  Contracts can be breached, intentionally or not, by either party. Sometimes through no fault of their own, performance under a contract is not possible either because of unplanned events or delays. A breach of contract can occur when either party fails to provide the agreed goods or services, fails to timely provide the agreed goods or services, or fails to timely pay for the agreed goods or services.

Florida Contract Drafting or Review

Since many contracts contain provisions for penalties in the event of a breach, it is very important that you thoroughly review the contract before signing it because the contract can be enforced in a Court of law. The failure to read the contract or to have a lawyer review the same before signing the contract is not a defense to the enforcement of the contract.  Based on the foregoing, it is highly recommended that you retain a Miami Contract Lawyer to draft or review a contract that you may need.

Miami Contract Lawyer Benefits

Russell Law and Patrick Russell, Esq. , a Florida Contract Lawyer are available to assist you with drafting your contracts as well as to thoroughly review all of your contracts, the contract documents, and the conduct of the parties in a contractual relationship. When there is a dispute over a contract, Russell Law can also assist you in the prosecution or defense of such a claim.  You should never go alone when a lawsuit needs to be filed or defended.  The other side will certainly have a lawyer and so should you.  We can advise you every step of the way in the litigation process so your rights are protected.  Additionally, we will suggest steps to you to maximize your recovery or minimize liability in a contract dispute.  Throughout the litigation process, Russell Law will attempt to negotiate an amicable settlement and take steps to minimize legal expenses.

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Florida Contract Litigation

Florida Contract Litigation Help

Russell Law and Patrick Russell, Esq., a Miami Contract Lawyer can assist you with Florida contract litigation.   If you have a Florida contract and the other side is not performing, we can help you remedy the situation.  Russell Law will thoroughly review your contract, your course of dealing, all communications between the parties, and assess the nonperformance.  Afterwards, we will discuss with you your options and remedies.  Should the circumstances warrant it, a lawsuit can be filed on your behalf to protect your legal rights.  If your contract provides for arbitration, Russell Law can represent you in an arbitration proceeding as well.

Conversely, if you have been sued or accused of being in breach of a contract, please feel free to contact us for a review of your case.  Russell Law can defend you in contract claims or lawsuits filed against you personally or your business.  Naturally, any claim  or lawsuit made against you for breach of contract  should be taken seriously.  Failure to timely respond to a demand for compliance, claim or lawsuit can be detrimental and/or result in a default final judgment.

Florida Contract Litigation Benefits

Russell Law and Patrick Russell, Esq., a Miami Contract Lawyer are available for Florida contract litigation cases.  If you have a Florida contract claim that is unresolved, we can assist you with organizing your case and either preparing a lawsuit or your defense.  Contract litigation cases require the legal analysis of the contract, the production of discovery documents to secure evidence for the case, depositions of the players in the deal, and eventually hearings and a trial if the case is not settled.  More likely than not, the other side will be represented by a lawyer and so should you.  If your contract claim involves a business, you will have no choice but to hire a Florida Contract Lawyer since businesses cannot represent themselves in Court.  Rest easy and leave the details of the case to us so you can devote your attention to other pressing matters.

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Florida Contract Law

Florida Contract Law Defined

A contract is nothing more than the exchange of mutual promises by two or more parties. The basic elements of a contract are an offer, an acceptance of the offer, and consideration for the offer. Consideration is a benefit or detriment that a party receives for making or accepting an offer. The most common form of consideration is the payment of money.

Contracts between individuals or businesses need not always be in writing.  However, a written contract is by far the best approach to take to protect your interests.  It is far easier to prove the terms of your contract when it is in writing .  Further certain contracts will not be enforced and will be barred by the statute of frauds if the contract is not reduced to writing. A contract must set forth essential terms and conditions such as who is bound to perform, what is being provided, when performance is required, where performance is to occur, and how much is paid for the goods or services.  Advanced topics can include terms and conditions concerning insurance requirements, indemnification, or disclaimers of liability for certain claims.

As all promises can be broken so to can all contracts be breached. Contracts can be breached, intentionally or not, by either party. Sometimes through no fault of their own, performance under a contract is not possible either because of unplanned events or delays. A breach of contract can occur when either party fails to provide the agreed goods or services, fails to timely provide the agreed goods or services, or fails to timely pay for the agreed goods or services. The key to a good contract is to set forth the remedies and procedures in the event of a breach. Issues to consider are whether the parties will agree to liquidated damages, will attorney’s fees and costs be recoverable, the choice of law to preside over any legal case, and the manner of how the dispute will be resolved be it arbitration or a court of law.

While ignorance may be bliss, not knowing what your contract provides or failing to read the contract is not a defense in a court of law.  As such, you are encouraged to have your contract reviewed by a lawyer before you sign the contract.  That way, a Florida contract lawyer can advise you of your rights and duties under the contract and may make suggestions for any modifications before it is executed.  Seeking the help of a Florida contract lawyer after the fact is rarely helpful as the ability of the lawyer to assist you is greatly limited since any change to the document will now require the other side to agree.

The same type of due diligence is required for  those times when you need to draft a new contract.  While drafting the  terms of your agreement on a napkin may be better than nothing, it is hardly  the best option.  If you need to count on the terms of your agreement for your future, it is well worth your investment and peace of mind to have the agreement drafted by a lawyer.  There could be nothing worse than wrongfully relying upon your own improperly drafted contract to realize in the end that it cannot be enforced. As a general rule, if the new business or agreement is worth your time and consideration, it is also worth your investment in having the agreement properly documented in a contract form as well.

Florida Contract Law Resources

Helpful legal resources for Florida Contract Law include Florida Contract Law Research which contains several articles on general contract law principles and Florida Contract Law Statutes which contains several links to Florida laws that are relevant to contracts and contractual relationships.

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Florida Contract Drafting

Florida Contract Drafting Help

Russell Law and Patrick Russell, Esq., a Miami Contract Lawyer can assist you with Florida contract drafting.   Any business selling goods or providing services should reduce any agreements with their customers to writing.  While verbal agreements may be enforced in certain situations, a written contract is superior and preferred.  In the end it is much easier to prove the terms of your agreement when it is in writing compared to that of a verbal contract.  A good contract will set forth all the terms and conditions for the sale or provision of services so that there can be no disagreement as to what is to be provided, when it is to be provided, and how much it will cost.  A well written contract should give credibility to your business,  provide remedies if a dispute should arise and hopefully reduce customer problems and collection cases.  As a word of caution, be very careful when using legal forms you  find in an office supply store or on the Internet  as they might not always be the right form for you.  Generic printed forms often lack very important terms and conditions that you may need.  It is highly recommended that you seek the help of a legal professional when drafting your contracts.  Since a contract will form the backbone of your business, you should not leave the contract up to chance or cut corners when creating the same.

Florida Contract Drafting Benefits

Russell Law and Patrick Russell, Esq., a Miami Contract Lawyer are available to assist you with drafting your contracts.   To name a few, we can help you with the drafting of purchase and sales contracts, service contracts, shareholder agreements, employment contracts, real estate contracts, non-compete agreements, and settlement or payment plan deals.   Russell Law can draft your agreement entirely from scratch or modify an existing contract .  Existing agreements can be reviewed, updated and revised.  In drafting your contract, we will meet with you to assess your needs and to understand your transaction.  Thereafter Russell Law will draft a contract tailored to your specific requirements.  Since nothing can really be done to prevent a breach, one major goal is to appropriately plan for that contingency so your rights are protected and to maximize your remedies.

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