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General Practice

Breach of Contract

Florida breach of contract happens when one or more parties fail to perform any term of a contract without a valid legal reason.  One of the primary features for a claim of Breach of Contract is that there must be a valid contract.  To create a valid contract there must be an offer, acceptance, and consideration. 

Examples of breach of contract include not paying on time or not paying in full, failure to complete a job, failure to deliver all goods in the contract, delivery of the wrong goods or services, or any other act that shows a failure to complete all or a part of the contract.  

Florida contract law for purposes of damages, place the parties in the same position they would have been had the breach not occurred.  Unless there is a statutory justification or language in the contract itself, attorney’s fees may not be recoverable. 

Corporation Formation

Successful formation of a corporation goes beyond just deciding what type of business you want to incorporate. The key to a well-designed business formation strategy is detailed planning and long term business goal considerations.

Your choice of how to structure your business depends on your unique business situation and your priorities. Factors such as start-up capital, scope of operation, number of shareholders, capital contributions, profit distributions, tax consequences and chain of command dictate the appropriate business entity for you. We will thoroughly explain the advantages and disadvantages of various business options which include:

  • Sole proprietorship or d.b.a. (doing business as)
  • Limited Liability Company (L.L.C)
  • Partnership
  • Limited Liability Partnership (L.L.P)
  • Corporation (Either S or C)
  • Professional Limited Liability Company (P.L.L.C)
  • Professional Association (P.A.)

We believe that by giving you close, personal attention prior to the roll-out of your business, we can save you stress and expense, and free you to concentrate on perfecting the delivery of your goods or services.

Employment Agreements, Shareholder Agreements, and Non-Compete Agreements

After deciding on what type of business entity best suits your needs, you should consider whether a Shareholder Agreement, Non-Compete Agreement, or Employment Agreement is appropriate or needed.

We provide a thorough review of each potential client’s case, spending the time necessary for a full analysis and development of a suitable strategy.

Landlord Tenant Relations 

Tenant Representation

We provide help to tenants who are currently facing an eviction. We also assist tenants who want their security deposits back or who have been denied necessary repairs to the rented property by their landlord.

Landlord Representation

We help landlords protect themselves in lease agreements. We can also help landlords with existing landlord-tenant issues. We can assist you in protecting your rights by reviewing lease agreements, writing letters to tenants, litigating tenant evictions, and settling security deposit disputes.

Ejectment

Ejectment is a lawsuit brought against a party who is occupying real property. Ejectment is different from eviction. Typically ejectment lawsuits are brought against a party claiming that they have a right of occupancy from some manner other than a lease or rental agreement.

General Civil Litigation

Civil Litigation involves representing clients in disputes that are non-criminal in nature. Some examples where a civil litigator may be needed include divorce lawsuits, landlord/tenant disputes, breach of contract, employment agreements, intellectual property disputes, real estate lawsuits and more.

David Pleasanton represents clients across a wide spectrum of related proceedings, including pretrial hearings and depositions, as well as arbitration or mediation before administrative agencies or court personnel.

Non-Compete Agreement

Florida is a state that allows for the enforcement of non-compete agreements. If you are being asked to sign a non-compete agreement by an employer, and you need legal advice, or if you are being prevented from acquiring employment because of a non-compete agreement, call us today.

Under Florida law, a non-compete agreement can only protect legitimate business interests, which includes the following:

  • Trade secrets (as defined by statute)
  • Confidential business or professional information of value not meeting the definition of a trade secret
  • Substantial relationships with specified existing or potential customers, patients, or clients
  • Specialized or extraordinary training provided to an employee
  • Goodwill of customers, patients, or clients relating to trademarks and related issues as well as specified geographic or marketing areas
  • Shareholder Agreement

When drafted by an experienced lawyer, shareholder, partnership and operating agreements can assist in making a business operate efficiently on a daily basis and to prevent internal disagreements.

Our expertise, knowledge and experience working with businesses means that we are able to proactively isolate potential sources of disagreement and address them before they ever become issues. We can create clear documents that ensure that there is no question as to how a business will operate and be managed.

In addition to drafting agreements as part of the business formation process, our law firm also reviews and negotiates them on behalf of our clients.

Call today if you need any of these General Practice Legal Services.