Breach of Construction Contracts, Sales Contracts, and Loan Agreements

The Jackson Law Firm, P.A. is experienced in handling litigation matters arising out of a breach of Construction Contracts, Sales Contracts, and Loan Agreements.  A breach of contract or agreement involves a claim in which a binding agreement or bargained-for promise centering upon the performance of a service or provision of a product is not honored by one or more of the parties to the contract.  Thus, a breach occurs when one or more parties to the agreement fail to fulfill the stated responsibilities under the contract.  A breach of contract is a type of civil wrong for which the judicial remedy is monetary damages.  In those instances where the failure to perform cannot be adequately cured by monetary damages, the court may resort to an equitable remedy.  Courts achieve “equity” by fashioning a remedy in order to place the parties in as good a position as they would have occupied if the breach of contract had not occurred, such as entering an injunction against specified conduct or compelling specific performance of conduct by the breaching party.

Construction Contracts involve an understanding of the rights and responsibilities of Owners, Construction Managers (if utilized), and Contractors (whether General or Subcontractors).  Disputes may arise through and/or cover, to name some typical examples, a party’s failure to fulfill the contractual obligations; project abandonment; termination of a Contractor / Subcontractor; construction delay; incomplete, defective, or nonconforming work; a change in circumstances that makes the completion of the contract impractical or impossible; the failure to make scheduled payments; misapplication of funds; and active or negligent misrepresentations; implied, express, and statutory warranties.

Real Estate Purchase Agreements or Sales Contracts often lie at the heart of real estate litigation matters.  For any number of reasons, despite the execution of a Real Estate Sales Contract, the sale of a property may not take place.  Such agreements / contracts will typically contain a number of terms and conditions that must be met by one or both parties, and the failure to do so will mean that that particular party will be in breach or in default of the agreement.  Such terms and conditions include the legal description of the property, the purchase price, date[s] upon which the down-payment[s] is to be made, the closing date for the transaction, items for inclusion/exclusion in the sale of the property, a delineation of whether the seller or buyer will pay for costs related to the sale of the property, etc.  The Jackson Law Firm, P.A. is experienced in representing both sellers and buyers in claims involving the breach of Real Estate Sales Contracts.  The seller’s remedies may include retention of the initial down payment[s] and termination of the contract, suing for breach of the contract, or seeking specific performance (meaning that the person claiming the breach seeks to have the terms of the contract enforced rather than seeking monetary damages).  Similarly, a buyer, following a breach by a seller, may terminate the contract and obtain a return of the down payment[s], sue for breach of contract and monetary damages, or seek specific performance.  The Jackson Law Firm, P.A. is prepared to assist you in your Real Estate Purchase Agreement / Contract dispute.

Finally, when a dispute arises relative to your Real Estate Loan Agreements, the attorneys of The Jackson Law Firm, P.A. will sit down with you to discuss your options and course of action.  We encourage you to contact our firm to discuss your options regarding your case.