Contract Disputes

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Civil Litigation

Tampa Contract Dispute Lawyer

The law of contracts governs just about every business relationship and business transaction that occurs. When things go awry, parties often look to courts or private arbitration to resolve the matter in their favor. At Older Lundy Koch & Martino , our experienced Tampa contract dispute attorneys are equipped with the knowledge, skills and abilities necessary to understand the factual and legal issues in your contract dispute, and to ably represent you in a successful resolution. Call our office for help with any contract dispute, including:

  • Breach of written or oral contract
  • Breach of fiduciary duty
  • Insurance coverage dispute

Contract Dispute Lawyer

Florida Contract Dispute Law

Types of Contract Disputes

In essence, a contract is an exchange of promises, with each party’s promise to perform conditioned in some way on the other party’s promise to perform. Some oral contracts are valid, while others must be in writing to be enforceable. Even without an express oral or written contract between the parties, a contract can still be implied in law based on the circumstances and the parties’ behavior. Understanding whether a contract was ever formed is often an initial step in resolving a business dispute. As attorneys who regularly provide advice and counsel to business clients on contractual matters, our firm is well-equipped to analyze your dispute and determine key aspects of an alleged breach. For instance:

Validity – Is the subject matter of the contract legal and proper? Are the parties in agreement as to what the terms of the contract are? Was one party coerced into accepting certain terms?

Anticipatory Breach (repudiation) – Has one party clearly and positively indicated, by words, conduct or both, that the party cannot or will not perform the contract? Is the other party willing and able to perform?

Material Breach – Has one party failed to do something essential that is required by the contract, or done something prohibited by the contract which was essential to the contract? Did this breach cause damage or harm to the other party? Was the breach only partial, and did the party substantial perform its obligations?

In theory, any breach can cause damage, and a material breach can excuse performance by the other party. In many Florida courts, however, materiality is a key concept from the outset; these courts require that any breach be a material breach before a claim for nonperformance can be pursued. With decades of experience handling breach of contract matters in the Tampa Bay area and throughout Florida, our lawyers provide knowledgeable, aggressive and effective representation in the resolution of your dispute.