Why a Contract Lawyer Matters
The field of contract law involves highly sophisticated legal principles that may involve complex systems of contractual agreements between individuals, corporations, or business entities. Contract lawyers specialize in various areas of law, and these small subsets of practice often require that the lawyer stay up-to-date on the latest laws and regulations affecting that area of practice. This is no different for contract lawyers who live and work in Florida. These attorneys must stay abreast of the many laws, amendments, new cases, statutes and ordinances related to contracts that are either federal, state or local.
Because contract lawyers focus on one particular area of law , they can offer a higher degree of service and expertise to their clients. Some areas of contract law that savvy Florida business owners should secure the expertise of a highly skilled contract lawyer include the following:
Negotiation
Severability
Consideration
Intention of the parties
Agreement to an unlawful purpose
Statute of frauds
Written vs. oral contracts
Employer / employee relationships
Termination of contracts
Equitable remedies such as specific performance
Breach of contract
Fraudulent inducement
Capacity to contract
Third-party contracts and assignments
For more information about the various areas of contract law, consult a Florida-licensed contract lawyer in your area.
Contract Types Handled by Florida Lawyers
There are many types of contracts that may be negotiated, drafted, reviewed and executed in the course of the everyday business world. A contract lawyer in Florida typically handles four types of contracts:
Business Contracts: Most businesses require contracts to protect their financial interests. A contract lawyer in Florida may be called upon to enforce a business contract or assist in the negotiation and drafting of new business contracts.
Employment Contracts: The typical employment contract will outline the employee’s duties, compensation and benefits, the employer’s obligations and how an employee can be terminated. If either party breaches one of the employment contract terms, a contract lawyer in Florida may be needed to protect their interests.
Real Estate Contracts: There are a number of real estate contracts that may be needed. These include various contracts associated with buying a home or condo or selling one. Many real estate contracts will be entered into to either lease or rent a residential or commercial property. A contract lawyer in Florida may also negotiate and draft these contracts for you.
Construction Contracts: Florida has many homeowners building custom homes or more complex commercial projects. A contract lawyer may be needed to help negotiate best prices and terms with contractors.
Selecting an Effective Contract Lawyer in Florida
When considering what makes a competent contract lawyer in the Sunshine State, there are a few criteria. First, the lawyer must be licensed to practice in Florida. After that, check to see if he or she has extensive experience dealing with Florida contract law. This can be a strong indicator of a competent contract lawyer. Furthermore, Florida contract attorneys should be specialized in corporate business law, which is broadly defined in the Florida Bar, but specifically governs areas such as commercial law, contracts, and, on the defense side, bankruptcy. In other words, if the lawyer has focused their firm on the contract law, this could be a sign of their ability. Client ratings and reviews can also tell you a lot about a Florida contract lawyer, and most Florida contract lawyers will be rated on sites like Avvo, Yelp, Google, and even Facebook.
Typical Legal Challenges in Florida Contracts
Whether you are a business owner, an entrepreneur, or an individual entering into a contract of any sort, there are some issues that pop up repeatedly. For example, one of the most common examples of contract-related issues in many contexts is breach of contract. For a breach to occur, however, it must be material. Acts or omissions that do not affect the essence of the agreement generally are not strictly a breach. Often, many types of issues can be viewed as a breach of contract: including but not limited to things such as misrepresentation or incongruity in terms of material values; as well as situations involving misinterpretations, mistakes, and frauds. Misrepresentation is often based upon omission, corruption, mistake, negligence, or recklessness. Some contracts are so important that they ask for affirmation that they are being entered into, understood, and accepted with full knowledge by both parties. When any party has been coerced or presented with an unconscionable situation, they can often rescind this type of contract. Definitive contract terms and conditions should always be created in agreement between the two parties and not forced or hidden. In addition to the aforementioned issues, one party to a contract that was intended to be a legally binding deal is not actually formed can open the door to presenting circumstances to allow for recourse. The contract may have simply been improperly executed or nonexistent. The essential elements to valid contracts are offer, acceptance, and consideration, and if either of these three circumstances are nonexistent, you may have a case to pursue.
The Legal Review of a Contract
For the most part, contracting parties in Florida come into the agreement believing the contract will be a basic formality. Maybe you even think the contract is already standard and has been used for years. Or, maybe you simply believe that the other party is being truthfully and none of the conditions should be a problem. It is at this point in which having legal counsel can be helpful.
For example, your contract lawyer will usually review the critical contractual terms, such as purchase price, whether a payment plan or lump sum payment is acceptable, if there is a penalty for not completing the job in time (known as "liquidated damages"), if you should hold money in escrow pending completion of the contract, etc. Be careful, however, because sometimes the short answers can mean very big obligations. For example, I once closed on a house with a buyer who had to withdraw money from a retirement account to make the down payment and closing. The closing was held literally right before the deadline when the agreement expired, even after the bank had a problem verifying my clients’ finances. Before I understood the consequences of the contract, had the closing delayed any longer I would have prevented my client from closing.
Then, your attorney will go line by line through the contract’s language to determine if there is a potential trap lurking within the lawyer’s wording. With a contract, it is not the "evil lawyer" but the "greedy client" who makes unreasonable demands of the opposing party. Your lawyer may have requested a non-standard provision or interpreted the contract request in a way you were not aware of. You must read the contract and understand its provisions before it is signed.
The party seeking to enforce the contract may seek the terms most favorable to that party. Your lawyer will need to review the contract in order to understand the most burdensome provisions for the other side so that you will be more likely to actually get the deal done as expected. For example, I often ask clients if they want to waive the lien period on real estate deals, which is often frowned upon by unrepresented owners. Even though clients could get an additional allowance to close right away rather than later should the closing be delayed , many clients are adamant enough that they simply do not even consider that the closing deadline must be met even if the date is not written into the Contract. Sometimes it isn’t entirely clear when we begin a contract; for example: I represent a small outfit that was required to complete a contract that listed provisions from 1990. Contracts must be entered into in good faith, honesty and compliance with fair trade practices.
Your Florida lawyer will be able to determine if enforcement actually breaches the law or just has other consequences. It may be that the whole contract is not enforceable, there are burdensome provisions, or fees are not included but would otherwise be enforceable. In particular for contracts done between consumers and lawyers, there may be policies to protect the client or other consumers that were not followed.
It is particularly important to have an attorney review the contract too because contracting parties often need to split arbitrarily assigned costs (see below). Sometimes, depending on how the contract is drafted, the other party may review the contract and arbitrarily assign certain costs to be paid by the other party during arbitration. This, however, may not be appropriate as that party may be charged with litigation misconduct. Even though most courts invade arbitration awards, any loss usually goes to the arbitration judge rather than the parties.
In addition, certain terms may be vague or have unforeseeable ways to redefine the term. That is sometimes the case when the term is current but not in broad use or has many technical definitions pertinent in particular fields. When contracting parties are domestic as opposed to overseas, they may completely ignore things like the United Nations Convention on Contracts for certain international contracts. A party may require the forum to be in a different country or a different state than the lawyers and clients originated. Courts in those circumstances may have a different firm policy or incentive.
Again, retaining a Florida attorney is one of the best things you can do to ensure a smooth legal process and to make sure that you, your business, or your family, is protected.
The Cost of Hiring a Contract Lawyer
The costs of enlisting the assistance of a contract lawyer in Florida can swing depending on their level of expertise and the complexity of the work you need done. Keep in mind that the old adage "you get what you pay for" rings very true to those working in this profession, so asking a contract attorney about their fees will give you a better idea of what sort of service they have to offer for your unique situation. Many contract attorneys charge hourly rates that can vary depending on their level of experience. While you may not need the truly high level of expertise that comes with an attorney who has been practicing for decades, they may be the best option for your legal situation if they have specific experience in the area you require assistance. For smaller legal matters, hiring a contract attorney on an hourly rate basis can be very cost effective. Some firms and solo practitioners may offer a free first consultation to discuss the situation and what needs to be done. Once your needs are assessed, you’ll have a clearer picture of how much it will cost, and you won’t get any unwanted surprises later on down the line. Having work done by a contract attorney doesn’t always have to take a lot of time, and therefore will not necessarily cost you a whole lot either. For instance, if you asked an attorney to review an existing contract agreement and provided a few guidelines of what could or could not be changed/effected, returning the updated contract usually doesn’t take a lot of time at all to complete, even if you’re working with an experienced attorney. The end result will be well worth the investment you made, as you’ll have a legally binding contract that you can feel confident in placing your signature over without fear of being on the hook for any hidden costs or issues that may later arise. It’s also worth noting that there are some rarer cases in which hiring a contract attorney may not cost you a dime if you need assistance reviewing a contract that was not fairly executed in the first place – one that you should not even be obliged to pay for to begin with. A competent contract attorney should be able to review most contracts and provide a clear answer as to whether or not any stipulations are in conflict with local or federal law, or if there are any grey areas in the contract that could later cause you a world of hurt.
Benefits of Local Expertise in Florida Contract Law
One of the most significant advantages of working with a Florida contract lawyer is their intimate knowledge of the local and state legal environment. This comes into play in several ways. For one, Florida has its own judicial circuit system, meaning that local courts may have their own interpretive rules regarding contract law, damages, and remedies. A contract attorney from out of state may not be as familiar with these nuanced rules, which may limit their ability to represent their client effectively. Additionally, local contract attorneys are likely to have a better understanding of regional industry standards, which can influence how contract disputes are interpreted and resolved. For example, there may be an established local practice in the construction industry that can impact the outcome of a dispute. A local contract lawyer would know these practices and how they could affect the law and the firm’s clients. Furthermore, a local contract lawyer may be better able to communicate with local businesses and courts. This can be a significant advantage when negotiating contracts, preparing legal documents, or litigating contract disputes. For instance, a local lawyer is more likely to understand the culture and personalities of the various courts where they may appear, allowing them to tailor their argumentation and presentation accordingly. For businesses, clear communication is vital, and a contract lawyer who understands the language of your industry can help build trust on both sides of the contract. Another factor to consider is a local attorney’s access to a network of other lawyers and experts within the community. Having a professional on your side with well-established credentials in Florida can open many doors in terms of negotiating and litigating a contract dispute or understanding how to navigate the complex and sometimes confusing legal system.
Case Studies
Case Study 1: Contract Drafting Assistance for a Florida Technology Company
A husband and wife team founded a technology company in Maitland, Florida. They sought a contract lawyer to assist them with a software development agreement. After interviewing several local tech-savvy contract attorneys, they found one who was knowledgeable in their area of business. Their attorney helped them draft personalized contracts that accurately defined the terms for the development of their web-based applications. Their skilled Maitland contract lawyer also helped them determine what sort of ongoing development and maintenance agreements they would need with their customers, helping them to avoid disputes and possible liabilities down the line.
Case Study 2: More Than Whom to Sue – A Florida Small Business Owner’s Experience
Another client experience involved a printer equipment supplier. Many of its suppliers were in breach of contract. It was challenging to know exactly whom to sue, as the suppliers often had different divisions, each with its own contract . The client sought help from a knowledgeable contract law firm in Orlando. Never working with a contract lawyer before, she didn’t know what to expect. The contract lawyers helped her put the required evidence together to build her case, and ultimately succeeded in getting the suppliers to reimburse the costs incurred by the business due to the suppliers’ breach of contract.
Case Study 3: Contract Breach Resolution for a Central Florida Pharmaceutical Company
The third example involves a contract dispute between a pharmaceutical company with an office in downtown Orlando and its supplier. Initially, the client thought it had a straightforward breach of contract case, but under the circumstances, the pharmaceutical company did not want to sue. Instead, the client wanted to work with the supplier to resolve the contract dispute even though they firmly believed the supplier was at fault. The Orlando contract lawyers worked together with both parties to obtain a satisfactory resolution to the contract dispute. The client says that their talented contract lawyers were invaluable in achieving a positive outcome.