Commercial Real Estate Breach Of Contract In Florida

If you are a Commercial Real Estate buyer, seller, owner, or developer in Florida, it is important to know your rights in the event of a breach of contract. Commercial Real Estate contracts are governed by state law, and Florida state law provides certain protections for those a party to Commercial Real Estate transactions.

It is important to consult with an experienced Complex Commercial Real Estate Litigation attorney in Florida experienced in Commercial Litigation to discuss your specific case and determine the best course of action. An experienced Commercial Real Estate attorney like Michael Feinstein and his team can help you protect your rights and interests, and pursue the most favorable outcome in your case.

 

 

What Is A Breach Of Contract?

A Commercial Real Estate contract is a legally binding agreement between two or more parties. A breach of contract occurs when one party fails to perform their obligations under the contract, without a legal excuse. A breach of contract can be material, meaning it goes to the heart of the agreement, or it can be immaterial, meaning it is a minor violation that does not affect the overall performance of the contract.

What Are The Consequences Of A Breach Of Contract?

The consequences of a Commercial Real Estate contract breach will depend on the terms of the contract and the severity of the breach. In some cases, a party may be required to pay damages to the other party if they fail to perform their obligations under the contract. In other cases, the contract may be terminated and the parties may be released from their obligations under the contract.

It is important to consult with an experienced Commercial Real Estate attorney in Florida to discuss the specific terms of your contract and the consequences of a breach. An experienced Commercial Real Estate attorney can help you understand your rights and options under Florida law, and pursue the most favorable outcome in your case.

What Are Some Common Commercial Real Estate Breach Of Contract Disputes In Florida?

There are many different types of Commercial Real Estate contracts, and each one can be breached in a number of ways. Some common Commercial Real Estate contract disputes in Florida include:

• Failure to pay rent or provide services as required by the lease agreement
• Failure to make mortgage or loan payments
• Failure to comply with zoning or other regulatory requirements
• Failure to provide required insurance coverage
• Breach of a Commercial Real Estate purchase agreement

It is important to consult with an experienced Commercial Real Estate attorney in Florida to discuss your specific case and determine the best course of action. An experienced Commercial Real Estate attorney can help you protect your rights and interests, and pursue the most favorable outcome in your case.

How Can I Avoid A Commercial Real Estate Breach Of Contract Dispute In Florida?

There are a few things that you can do to avoid a Commercial Real Estate contract breach:

• Read and understand the terms of your contract before signing it. Make sure that you are clear on your obligations under the contract.

• Keep good records of all communications and correspondence with the other party or parties to the contract.

• Keep up with all deadlines and requirements under the contract.

If you do find yourself in a Commercial Real Estate contract dispute, it is important to consult with an experienced Commercial Real Estate attorney in Florida as soon as possible. An experienced Commercial Real Estate attorney can help you understand your rights and options under Florida law, and pursue the most favorable outcome in your case.

What Should I Do If I Think My Commercial Real Estate Contract Has Been Breached In Florida?

If you think that your Commercial Real Estate contract has been breached, the first thing you should do is review the contract to determine if there has been a breach. If you believe that there has been a breach, you should contact an experienced Commercial Real Estate attorney in Florida to discuss your case. An experienced Commercial Real Estate attorney can help you understand your rights and options under Florida law, and pursue the most favorable outcome in your case. Contact us today for help today.

 

What Types of Damages Are Available in Breach of Construction Contract Cases? 

When you hire a construction company to begin building your dream home, everything seems exciting and hopeful. However, a breach of contract from the construction contractor you hired can quickly put a damper on your dreams of custom homeownership. Here’s a look at what types of damages are available in breach of construction contract cases and what you can do to obtain the compensation you deserve after a construction company or contractor leaves you high and dry. 

Two Primary Types of Breach of Construction Contract Damages 

An owner that brings a claim against a construction contractor or company can choose to be reimbursed in one of two ways: 

1. The contract is considered void and the owner must be fully restored to their status prior to the beginning of the contract. This means the construction company must pay back some or all of the funds paid to them at the start of and/or during the project, less the quantum meruit value of work done to date. 
2. The contract must be affirmed and the owner must be compensated for the benefit they would have received if the contract had been completed as promised. This benefit can be compensated in a variety of ways, such as compensating the owner for cost to have the construction completed by another contractor. 

Cano, Inc. v. Judet, 2021

In the case of the Fourth District Court of Appeal in Cano, Inc. v. Judet, 2021 WL 4301625 (Fla. 4th DCA 2021), the appeals court ruled that the owner had the right to choose to be financially restored to their position immediately prior to signing the construction contract. Despite the defendant’s staunch opposition, the judge ruled that they are required to remit all payments made for the construction back to the owner after subtracting the quantum meruit value of the work the contractor did. 

Get Help From a South Florida Construction Dispute Attorney Today 

If you are a homeowner whose construction contractor has failed to meet their contractual obligations, you may have legal recourse. It’s critical to reach out to an experienced construction litigation law firm for assistance; inexperienced legal help may be no help at all. Call Feinstein Real Estate Litigation & Business Law for your consultation or to get answers to your questions about construction litigation by dialing 954-767-9662.