Breach of Construction Contract Claims Attorneys in Miami, FL
In the construction industry, companies and other entities rely heavily on contracts to protect themselves from all possible losses. A contract is a formal agreement between two or more parties involved in a construction project. Each party to the contract must fulfill its contractual obligations. Failure to perform according to the contractual terms can lead to a breach of contract claim.
When a breach of contract occurs, you need to understand your legal rights and potential remedies. At Miguel A. Brizuela, P.A., our attorneys assist clients in every phase of a construction project, including situations where the parties end up with a breach of contract. Our breach of contract claims attorneys in Miami, Florida, also serve clients in West Palm Beach, Fort Lauderdale, and throughout Southern Florida.
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What Constitutes a Breach of Contract?
A breach of contract is when one party to a contract (e.g., a contractor) fails to perform the obligations laid out in the contract. The party who breached the contract can be held responsible for the non-breaching party’s losses resulting from their failure to perform.
Breach of contract claims are not uncommon in the construction industry. What are the most common causes of construction contract breaches? Some of them include:
Construction delays
Construction defects
Failure to finish the promised work on time or at all
The use of substandard materials
Deviations from the construction project plan
Failure to pay on time
These and other types of breaches occur in the construction industry more often than you might think. However, not all instances of non-performance may constitute a breach of contract. When a breach of contract occurs, the non-breaching party must prove the following four elements:
The existence of a valid construction contract;
The non-breaching party’s performance of the obligations laid out in the contract;
The other party’s failure to perform their contractual obligations; and
The non-breaching party’s losses or damages as a result of the other party’s breach.
Consider contacting a breach of contract claims attorney to review the specific details of your case and help you determine whether you are entitled to compensation or other remedies because of the other party’s failure to perform their contractual obligations.
Material vs. Non-Material Contract Breaches
A civil justice survey conducted by the U.S. Department of Justice estimated that disputes concerning alleged breaches of contracts account for about a third of all civil trials in state courts.
The law recognizes material and non-material contract breaches, which are commonly referred to as major and minor breaches, respectively:
Material breach: A material (major) breach occurs when a breaching party’s non-performance constitutes a major deviation from what they are required to do under the contract. Often, litigation is necessary to resolve material breaches when parties are unable to reach a consensus without court involvement. An example of a material breach of a construction contract is using substandard materials that are inferior to the ones agreed upon in the contract.
Non-material breach: A non-material (minor) breach constitutes a party’s non-performance that has a minor impact on the project’s overall outcome. Usually, non-material breaches do not prevent the completion of the contract in a satisfactory manner and may not require litigation. An example of a non-material breach of contract is using different materials (not the ones agreed upon) but of relatively similar quality.
If you are dealing with a material or non-material breach, our attorneys at Miguel A. Brizuela, P.A. can help. There are different ways to resolve breach of contract claims, which is why you may need the assistance of a skilled attorney to understand the options available to you.
Potential Remedies
At this point, you may be wondering, “What can I do if my contractor breached our contract?” There are four potential remedies that may be available to non-breaching parties:
Damages: The legal term “damages” refers to compensation in the form of money when a breach of contract occurs. The amount of monetary damages depends on a number of factors and the specific details of the breach.
Rescission: The court may also order rescission, which essentially terminates the rights and contractual obligations of the parties. The contract is rendered null and avoid, and the parties are no longer required to work together. This type of remedy may be appropriate when the non-breaching party has not suffered any monetary damages from the breach.
Reformation: Like rescission, reformation does not require the breaching party to pay damages to cover the non-breaching party’s losses. Instead, reformation requires the parties to reform their contract by altering the duties and obligations of the parties.
Specific performance: As the name implies, specific performance forces both parties to complete the contract, which may be an appropriate remedy when the breach occurs because of one party’s refusal or failure to perform its obligations under the contract.
If you are not sure which remedies would be appropriate in your particular situation, speak with an experienced breach of contract attorney to discuss your specific case.
Breach of Contract Claims
Attorneys Serving Miami, Florida
If you are involved in a construction project and believe there was a breach of contract, you may want to understand your rights and legal options. Our breach of contract attorneys at Miguel A. Brizuela, P.A. have the skills and experience necessary to resolve your dispute and help you understand what legal remedies are available to you. Receive a free consultation by contacting our office in Miami, Florida.