In the world of business, contracts are essential for establishing agreements and ensuring that all parties involved fulfill their obligations. However, there are situations where disputes may arise about violations of the terms of a contract. When these disputes escalate to litigation, seeking an injunction can be a powerful tool business owners can use to protect their rights and interests. With the help of an experienced attorney, a business owner can request relief from the court and minimize the harm suffered due to a breach of contract.

What Is an Injunction?

An injunction is a legal remedy that aims to prevent harm or enforce specific actions by ordering someone to do or refrain from doing something. It is typically sought when monetary damages alone would not adequately resolve the issue at hand. In contract litigation, obtaining an injunction can help maintain the status quo until the dispute is resolved.

Types of Injunctions in Contract Litigation

There are several types of injunctions that may be available in breach of contract cases:

Many Floridians decide to invest in rental properties as a primary or secondary source of income. While this income stream can be lucrative, it can also be wrought with frustrating – and expensive – issues because of problem tenants. We have all heard horror stories of tenants who damage property, refuse to pay rent, or commit serious violations of lease agreements. One of the most common disputes our firm’s Florida real estate attorneys handle involves security deposits.

Florida Law and Security Deposits

When a tenant rents a property, it is common practice for the landlord to require a security deposit. Under Florida law, there is no cap on what a landlord can require for a deposit, however, in most situations, the deposit is equal to one or one and a half months of rent.

Florida law requires landlords to follow certain rules regarding how that deposit should be stored. There are three legal ways a landlord can hold the security deposit:

As we navigate the ever-evolving field of real estate law, our team is here to ensure you stay informed and prepared. Today, we're shedding some light on a critical aspect of commercial leases – the language that shapes them.

In legal disputes, the specific wording of your commercial lease can be a game-changer. Notably, the language regarding the mitigation of damages has a profound influence on outcomes. Unlike residential leases, commercial leases are not subject to statutory control that might override terms deemed inequitable. Instead, parties are bound by the exact language of their agreement, no matter how it might prove disadvantageous later.

Remember, a commercial landlord has no common law or statutory obligation to mitigate damages. This means, should a tenant default, you as the landlord are not legally required to take steps to lessen potential damages, such as re-letting the premises quickly.

A mechanic’s lien, also known as a construction lien or contractor's lien, is a legal claim against a property by a contractor, subcontractor, or supplier who has provided labor, services, or materials for a construction or improvement project. The purpose of a mechanics lien is to ensure that those who contribute to the value of a property are compensated for their work. The following explains how a mechanic’s lien works. If you are a contractor who is having difficulty obtaining payment for a project, a Broward County business attorney may be able to help.

What Does a Mechanic’s Lien Do?

Mechanic liens provide several benefits for construction professionals. They create a secured interest in the property where the work was performed and/or supplies delivered, meaning that the property itself serves as collateral for the unpaid debt. This security interest increases the chances of receiving payment, as it can prevent the property's sale or refinancing until the debt is resolved.

Mechanics liens can also elevate the priority of payment for contractors and suppliers. In the event of the property owner's bankruptcy or foreclosure, a properly filed mechanics lien can give the lienholder priority over other creditors, ensuring a higher likelihood of receiving payment.

One of the most common legal tools that businesses use is contracts. A contract is a legally binding agreement that can be made between the company’s partners, between the company and employees, the company and clients, and the company and suppliers. If one party fails to fulfill its obligations as stipulated in the contract, this is referred to as a breach of contract. A breach of contract can occur if one party fails to pay for services or goods, failed to meet a deadline, or delivers substandard work. A breach of contract can cause significant financial loss for a company and often leads to lawsuits.

Types of Contract Breaches

There are two types of breaches of contract: material and immaterial. A material breach is a significant violation of the terms of the contract and one that goes to its core. This can include failing to deliver goods or services in their entirety or delivering goods or services that are significantly different from what was agreed upon.

An immaterial breach is considered a minor violation of the contract that does not substantially affect the contract’s overall purpose.