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Contract Litigation


RICE & ROSE has earned a reputation for successfully and efficiently handling complex commercial litigation matters.  Out members are committed to delivering appropriately aggressive litigation and creative dispute resolution.  Our attorneys handle a wide variety of complex commercial disputes at every stage of litigation, including pre-suit investigation and counseling, discovery, motion practice, settlement, trial preparation, trial, and appeal.

Contract litigation is more than just reviewing the words in the document.  It involves understanding the facts of a client’s case and the likely judicial interpretation of the document.  There are many types of contracts and the requirements for each vary by state law.  Some contracts are governed by the “statute of frauds,” which require a writing signed by the party who is in breach.  Other contracts have implied terms and/or conditions that are created by the Florida Uniform Commercial Code and deal with the sale of goods.

In Florida, breach of contract occurs when one or more parties fail to perform any term of a contract without a legitimate legal excuse.  One of the primary elements 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 a bargained for exchange known as consideration.  Often the parties can create these elements through actions that they take that are consistent with the creation of a contract.  Florida contract law seeks to place the parties in the position they would have been in had a breach never occurred.  It is important to note that unless there is a statutory justification, or a clause placed in the contract, attorneys fees are not recoverable.

At RICE & ROSE we perform an in-depth review and analysis of all contracts.  Our attorneys have tried numerous significant trials to verdict, including related post-verdict and appellate proceedings.  We thrive on aggressive and creative litigation, both in and out of the courtroom.  The combination of our experience and passion allows us to provide creative and effective counsel and assist our clients in resolving their contract disputes.

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