The First Four Steps to Take When Facing a Breach of Contract Lawsuit in Florida

Are you or your company facing allegations of a breach of contract in Florida? If the counterparty is already preparing to file a lawsuit—or you have already been served with a complaint—it is imperative that you take immediate action to protect your rights, your interests, and your  business. Here, our West Palm Beach commercial litigation attorney highlights the first four steps to take when facing a breach of contract lawsuit in Florida.

Step #1: Make Sure You Understand What is Being Alleged 

Why is the counterparty to your agreement alleging a breach of contract? Do you understand the full extent of the allegations? It could be delays, inadequate goods/services, or an outright failure to perform. If you have received an informal claim, a demand letter from their lawyer, or an official legal complaint, take a moment to clarify the allegations. Only when you truly understand the allegations will you be in a position to  formulate an appropriate response. It could be an aggressive defense or a negotiated settlement.

 Step #2: Gather Relevant Documentation (Contract, Business Records, Correspondence, etc) 

Evidence is key in any legal claim. A breach of contract lawsuit is certainly no exception to the rule. Once you have a clear grasp of the allegations, the next step is to gather all relevant documentation. This includes the original contract, any amendments or addendums, business records, correspondence (emails, letters, etc.), and any other documents related to the dispute. documents can provide evidence of your compliance with the contract terms and/or demonstrate the nature of any misunderstanding or miscommunication.

 Step #3: Consider Viability of Resolving the Claim Outside of Litigation

Even if you are convinced that you have a strong defense against a breach of contract claim, that does not mean that you want to get locked down in litigation. Indeed, it is best to try to avoid litigation whenever possible. It can save time, save money, and potentially even preserve a commercial relationship that has otherwise been frayed. Before diving into a courtroom battle, consider the possibility of resolving the claim outside of court. Alternative dispute resolution (ADR)—such as mediation or arbitration—can often provide a faster, more cost-effective solution.

 Step #4: Seek Professional Guidance from a Breach of Contract Defense Attorney 

You do not have to take on a breach of contract lawsuit alone. An experienced attorney can provide invaluable assistance—from interpreting the contract to reviewing the evidence to evaluating a strategy defense. Your attorney will ensure that you comply with all procedural requirements and deadlines.

 Consult With Our West Palm Beach Commercial Litigators Today

At Pike & Lustig, LLP, our West Palm Beach commercial litigators have the skills and experience to defend clients against the full range of breach of contract claims. If you are facing a lawsuit for the alleged breach of contract, please do not hesitate to contact us now for a confidential initial consultation. From our West Palm Beach office, we are ready to defend your rights today.