Commercial Litigation Attorneys
From individuals to major corporations, there are a number of potential business scenarios that can result in commercial litigation. While breach of contract, fraud, and employment issues are a few of the more common litigation topics, the specific case types that fall under each of these are many and varied. Further, in some instances, more than one business-related situation requiring legal intervention occurs at the same time. Such overlapping can create complicated litigation and should be reviewed by experienced commercial attorneys for the best outcome. The following is a brief overview of breach of contract, fraud, and employment disputes in commercial litigation:
Breach Of Contract
When any aspect of a written or oral contract is not completed by any of the parties legally involved, there is a breach of contract. Breach of contract can take many forms, from an employer not honoring a signed contract for employee or subcontractor services to a building contractor ceasing construction halfway through a home or office project without due cause. Written, verbal, and oral contracts can each be affected by a breach of contract, as each is a legal promise to provide resources or services, or both. While Florida legally recognizes oral contracts as long as the oral agreement is accepted by all parties involved, it is best to put all contracts in writing when possible.
Legally, a breach of contract can result in business license revocation, monetary fines, or requirement for restitution to each party negatively affected, or a combination of these actions.
Commercial fraud encompasses a variety of fraudulent business practices and schemes including false invoicing, false claims of origin, false markings/labeling, misclassification, misdescription, and smuggling.1 In Florida, statute 817.034—the Florida Communications Fraud Act—specifically addresses schemes involving communications technology.
Commercial fraud may involve local, national, or international situations.
The components of legally binding employment contracts between employers and employees or subcontractors generally include details of services to be provided, agreed-upon compensation and how it will be dispersed, grievance procedures, and, in the case of employees or subcontractors, benefits including any or all of the following:
401k or Other Retirement Plan
Rental Car Use/Transportation CostsPaid Sick Days/Sick Leave
Bonuses (Monetary or Material)
Breach of an employment contract may be initiated by an employer or by an employee or subcontractor. Legal action can be the recourse in either situation, given there is tangible proof of actual loss due to the actions of the breaching party. In certain instances involving commercial litigation, legal mediation can be a useful, cost-effective tool.
Meeting with an experienced Florida Commercial Litigation lawyer for an initial consultation is an important step. It is beneficial to research information about lawyers who specialize in commercial litigation, or if possible, who specialize in the specific type of commercial litigation involved.
Many lawyers and legal teams offer free initial consultations. At Mallard & Sharp, P.A., we specialize in Miami Florida Commercial Litigation. To schedule a free initial consultation with our expert legal team call 877.662.5527 or 305.461.4800.