When your commercial contractual relationship ends up in dispute, there are many intricate details involved in the commercial litigation that follows. There are multiple nuanced elements or decisions that may, on the surface, seem small but could have enormous impacts on the success of your case. The difference between winning and losing may be a single sentence or word in your contract… or it could be the difference between bringing your lawsuit in Broward County as opposed to Miami-Dade County. An experienced South Florida commercial litigation attorney can show how to consider all these nuances and best position yourself for success.
A very recent lawsuit was a case in point. The action was a breach of contract case between a Broward County property management firm and the South Florida pest control service provider it retained to eradicate a termite problem the management company was having at its property. During the litigation, the management firm, who was the plaintiff, submitted to the pest control company an offer of judgment of $500,000. That offer represented a settlement amount to cover all “claims for damages, including punitive damages, attorney’s fees, costs, and interest.” The exterminator, however, declined the offer.
The case eventually went to a jury, and they found that the exterminator had breached the contract and that the management firm had suffered $551,000 in damages.