If you are party to a contract but don’t agree with a definition or term therein, it might be in your best interest to bring a Miami contract dispute attorney on board. Remember, a contract is only valid when all parties understand and agree to the terms or when there is a “meeting of minds.” If there is a breach of contract (or disagreements), the contract becomes legally invalid and may be contested in court.
A contract is a legal agreement between individuals, business entities or companies. It serves a bond that ties all the parties together. In Miami, most contracts are written documents; however, they can still be verbal.
To form a valid contract, there has to be:
- An offer
- Acceptance of the offer
- Some form of payment or consideration for the solutions rendered.
Disputes often arise over services you agreed on or transactions you’ve entered with other entities. Reasons for contract disputes are wide-ranging, but may include or relate to:
- Issues with creating and reviewing a contract
- Errors and mistakes regarding the contract’s terms
- Offer and acceptance rows
- Disagreement around the definition or meaning of a technical term
- Coercion and fraud
Sometimes, disputes may still arise due to the performance of contract duties – even when the contract is formed correctly. Like when one party doesn’t hold their end of the bargain, it can result in a legal dispute. Examples of such cases include:
- Warranty disputes
- Non-delivery of purchased items
- Second-hand vehicles
- Faulty electrical goods
- Rejected insurance claims
- Incorrect utility bills
- Poor quality services from tradesman like builders, plumber, electricians and so on
Remedies for contract disputes
Equitable remedies – where the members of the contract act to rectify the conflict; for instance, they can choose to rewrite the contract to fix the errors or require the breaching member to conduct their contract duties.
Legal remedies – where the plaintiff seeks monetary compensation for their losses through the legal means
Either way, the parties are entitled to select between one of the two remedies.
How to avoid contract disputes in the future
Often, disputes arise when one or more individuals do not understand or agree with the terms of the contract. In some cases, it boils down to one word or definition in the agreement. To avoid future disputes, it is essential to put down everything on paper to keep track of offers’ history, prices, amount of products and so on. You also should know what you want, because otherwise, it would be hard to reach a suitable agreement with an unclear goal. Lastly, you can choose to work with an attorney, as this will help things to run smoothly during negotiations.
Why you need a contract dispute lawyer
Some contract disputes involve legal concepts which can be complex and difficult to understand. A business lawyer can help you file for a contract dispute, and also represent you in court, just in case your claim ends up before the judge. Most importantly, the lawyer will inform you of the kinds of legal remedies that are available to you.