The Key to Successful Contract Dispute Resolution in Miami-Dade County

While the underlying law of contracts has evolved considerably since ancient times, the basics of the contract remain the same. Also remaining the same throughout history: The fact that at some point, a good many contracts are breached in some way or otherwise fall into contract dispute resolution in Miami or elsewhere.

Language Interpretation

The vast majority of cases involving contract disputes in Florida are caused by differing interpretations of contract language. Often, the party accused of being in breach legitimately believes that it has fully performed its material obligations under the contract and has otherwise acted in good faith. This can make resolution through any means other than litigation a challenge.

The Key to Resolving Contract Disputes

The key to achieving a solution is for the attorneys on both sides to have a clear understanding not just of the law governing contracts in Florida, but of the understanding of what the contract terms were when their clients entered into the agreement.

While the intentions of clients are not always legally relevant in a case of contract dispute in Miami, it is crucial to know what your client thought they were agreeing to when signing the contract. This will help you in several ways:

  • In preparing legal arguments
  • In disproving bad faith accusations
  • In possibly demonstrating that the other party’s interpretation of the contract has changed
  • In preparing an overall strategy for defending your client’s interests in court

When contract language is vague or open to various interpretations, the winner of any lawsuit is usually the side that can make the most compelling argument for their interpretation. That makes understanding the original intention of the contract on both sides the most vital thing. Although the material facts and law applicable to each case will vary, as a general rule, the party that interprets the contract in a reasonable way and then acts consistently in accordance with their interpretation will most often prevail in the courts.


Recent Articles

Download Chapter By Francis L. Carter

Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute