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Business Litigation

Although business litigation covers a wide variety of business-related topics and issues, it is primarily understood to be the practice of law that deals with problems and disagreements arising from business relationships. This could involve everything from evaluating and resolving contract and employment disputes to handling construction lien and collection matters. Determining when litigation is appropriate and formulating a legal strategy can be a complex process, so if you live in Florida and are involved in a business-related dispute, it is critical to contact a knowledgeable business litigation attorney who will aggressively represent your interests.  

Breach of Contract

Some of the most common legal cases we encounter at Clearwater Business Law are those that involve breach of contract issues. Although all contract cases differ depending on the specific terms of the agreement, most breach of contract claims occur as a result of one of the following situations:

  • One of the parties fails to fulfill its legal obligations as outlined in the agreement within the agreed-upon timeframe;
  • One of the parties does not perform to the level it promised;
  • One of the parties makes it impossible for the other party to perform its duties; and
  • One of the parties does not perform any of its contractual duties.

Depending on the types of damages caused by the breach, these types of claims are categorized as either material or immaterial. A material breach, which is also often referred to as a total breach, occurs when the party’s failure to perform its legal obligation is of such importance that the contract’s main purpose cannot be fulfilled. An immaterial breach on the other hand, occurs when most of the duties contained in the contract have already been performed, even if some were neglected. While the wronged party can seek damages for an immaterial breach, it cannot terminate the contract as a whole.

Finally, a person or company who interferes with a contract between two other parties and so causes one of the parties to breach the contract can be held liable for its tortious interference and any resulting financial losses. Breaching a contract can have devastating consequences for the non-breaching party and could result in significant financial loss as well as damage to the business’s reputation.

At Clearwater Business Law we are familiar with enforcing and defending a variety of different contracts, including:

  • Construction contracts;
  • Employment contracts;
  • Partnership and shareholder agreements;
  • Non-compete agreements; and
  • Real estate contracts.

One of the key methods of ensuring that a party does not get away with breaching a contract is to carefully draft the contract itself in a way that fully protects the interests of the parties. Disputes are much more likely to arise when contracts are poorly drafted, so if you are interested in forming a contract with another party, it is important to have the advice of an experienced business law attorney who can assist with drafting and reviewing contracts in addition to defending them.

Construction Litigation Issues

Our legal team has experience handling a wide range of construction-related legal matters, including those that involve:

  • Bond claims;
  • Collection disputes;
  • Construction defects;
  • Insurance claims; and
  • Third party claims.

Our firm also handles a significant number of claims involving construction liens. These types of disputes arise when those who work on a property or provide materials are not paid in full according to the terms of a contract. In these situations, contractors, subcontractors, and suppliers of building materials can enforce their claims for payment against the property by filing a lien. If a lien is filed, the property can be sold against the owner’s will to pay for labor, materials, or other services. This is true even for those property owners who pay their contractors on time and in full if the contractors do not in turn pay their employees.

At Clearwater Business Law, our attorneys represent contractors and subcontractors who have not been paid for their services. When property owners fail to make a payment after a lien has been served and recorded, we assist our clients in pursuing payment. This may require filing a lawsuit to foreclose on the construction lien itself. We also assist property owners and developers by drafting a contract containing a stipulation explaining that before any payments will be made, the contractor must provide a written release of the lien to the property owner. We also have a significant amount of experience defending property owners against foreclosure if the contractors allegedly breached their contracts by abandoning a project, using defective materials, or causing unreasonable delays. Whether we are representing property owners or contractors, our attorneys work closely with our clients to secure the appropriate paperwork and affidavits in advance and so are appropriately prepared for litigation.

Employment Disputes

Employment disputes can take a number of different forms and can involve any of the following issues:

  • Breach of contract;
  • Discrimination claims;
  • Misappropriation of trade secrets;
  • Nondisclosure agreements;
  • Restrictive covenants;
  • Severance contracts; and
  • Unfair dismissal.

Cases involving misappropriation of trade secrets and unfair competition are governed by the Deceptive and Unfair Trade Practices Act (FDUTPA) and Florida’s Uniform Trade Secrets Act (FUTSA). Our legal team is well-acquainted with these statutes as well as relevant federal law, which gives us an added edge when representing our clients, whether they are being prosecuted for misappropriation or are attempting to preserve their trade secrets.

Contact a Dedicated Florida Business Litigation Attorney Today

Whether representing a small business owner who is being accused of breaching a contract or defending a property owner against a lien foreclosure, our legal team is well equipped to handle the complexities and stresses that usually accompany these types of legal matters. Business litigation issues are often extremely technical and fact-intensive. For this reason, our attorneys have honed their organizational skills as well as their ability to coordinate extensive discovery, so if you have questions or concerns about a business-related legal issue, please contact Clearwater Business Law at (727) 785-5100 to speak with an experienced attorney who can evaluate your case.

TESTIMONIALS

I strongly endorse Andrew Mongelluzzi. He is a very skilled and able business attorney focused on customer service and results. On the front end, Andrew deftly advises new businesses on organizing properly, acquiring necessary licenses, contracting with vendors & customers, and dealing with various compliance issues that may arise. On the back end when things go south, Andrew counsels and navigates businesses through complex commercial disputes and aggressively represents them in negotiations, mediation, arbitration, and in litigation so that businesses can legally move on and get back to business. Andrew’s ability to identify legal issues and approaches to resolve business-related issues is a strength that I have learned from and professionally relied upon in approaching the business matters and cases that I handle. I regularly refer business to Andrew knowing that he will diligently represent his business clients and their best interests.
Relationship: worked together on matter

- Frank N. Genco, Florida Bar No. 440086

We hired Andrew to help us when our insurance company denied our claim when water and sewage damage completely destroyed our Florida Condominium. Even though Andrew made several phone calls and wrote an initial letter, the company continued to deny our claim. He was persistent and continued to help us negotiate with the company until we finally received a fair monetary settlement. He was always quick to respond, helpful, and courteous when working with us. I would recommend him to anyone who is fighting an unjust insurance settlement.

- Harvey

Andrew has represented my business for several years in the area of corporate law, business transactions, collection matters, contract matters, employee disputes, and more. He has always been more than approachable, accommodating and understanding. His approach is not like other lawyers in that he deals with you on your level and is able to incorporate his legal strategies into our business plan/model; instead of allowing lawsuits to takeover the business. Further, his education and practical experience in the business world equates to a valuable understanding of my business.

- Chris

Attorney Mongelluzzi and his team provided excellent and quality service. I always felt that my needs were met and that the firm was invested in me and my case. The quality services I received at Mongelluzzi’s firm were remarkable. From the initial meeting they were responsive to my calls, questions and concerns. All issues were handled professionally and timely, easily accessible, got back to me quickly, aggressive and got me the results that I wanted. Attorney Mongelluzzi and his staff all gave my case their personal attention and provided the quality of work that anyone would want when hiring an attorney.

- Client

Andrew is very thorough defining the outcome expectations. In my case, it was setting up a new corporate entity. He advised me on the most beneficial option and he then executed on that path. Andrew is a very pleasant person to work with. He is determined, skilled and committed to his client’s success.

- Gil Pinney

Andrew helped me through a difficult situation with American Express and we won the case. A great job by Andrew! He also helped me with T&C’s in my company. I would recommend Andrew highly as an attorney.

- John Sams

As a business owner for 12 years I have seen my fair share of ups and downs. Some of the downs would include landlord/tenant disputes and creditors that may have not been fulfilled to agreement. Andrew has met both of these situations for me in a timely, positive, and affordable manner.

- Rich Mattes

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