Stratton & Green, ALC Stratton & Green, ALC 2025-03-31T11:57:59Z https://www.sglawcorp.com/feed/atom/ WordPress /wp-content/uploads/sites/1103364/2023/08/cropped-Stratton_green_Site_icon-32x32.png Stratton & Green, ALC <![CDATA[3 Possible Remedies for a Contract Breach]]> https://www.sglawcorp.com/?p=46815 2023-09-08T16:20:18Z 2018-10-22T05:00:00Z 3 Possible Remedies for a Contract Breach October 22, 2018 A contract breach may be defined as the failure by one or more parties to fulfill conditions specified without any legal reason. A lot of factors have to be considered before it is determined. In courts, damages are often awarded, but there are also other ways to remedy a breach of contract.

Damages

The damages awarded to the offended party will depend on the nature of the breach. If it is determined that the conditions that were not met amount to a full breach, the plaintiff may be awarded damages equal to the total amount that would have been made had the contract been fully executed. On the other hand, the contract can be termed as a partial breach, this means that the offended party may seek damages equal to what is required to correct the anomaly. In the case of a partial breach, courts may also decide to award an amount that is equal to the difference in actual value from the expected value.

Restitution

Unlike with damages, with restitution, the plaintiff does not seek to be compensated for any breach of the contract. In restitution, the offended party seeks to get back any money they had given to the defendant. This usually happens when the courts have deemed one party to be incompetent or incapable of delivering as promised.

Rescission and Reformation

Rescission is when one party seeks to have the contract terminated due to fraud, errors, or undue influence from outside. The party seeking rescission will request the contract to be set aside due to mistakes or fraud. Reformation is done for the same reason. The difference between, rescission and reformation, is that in the later, the injured party seeks for a rewriting of the contract to correct the mistakes. Most courts, however, favor rescission over reformation since mistakes should have been captured during drafting.]]> Stratton & Green, ALC <![CDATA[How Florida Employment Law Protect the Rights of Employees]]> https://www.sglawcorp.com/?p=46818 2023-09-08T16:20:35Z 2018-09-30T05:00:00Z Harassment and Termination The relationship between an employer and the employee can be compared with that between a master and a servant. The employee is expected to the rules as stipulated in the contract. Employers can fire their employees, but employee termination must be within the law. For example, Florida is an at-will state. This means an employer can fire, hire, demote or promote, for any reason, or no reason at all. A wrongful termination claim can, however, be made for a number of reasons:
  • Making A Compensation Claim: The employee was fired for making a compensation claim.
  • Pregnancy: it is illegal to fire an employee because of pregnancy or that they recently gave birth.
  • Discrimination: It is wrong to terminate an employee due to race, religion, age, marital status, or disability.
  • Testifying against an employer in court:

Family and Medical Leave Act Claim

The Family and Medical Leave Act Claim (FMLA) was designed to provide protected leave for employees in certain situations that are prompted by emergencies. Eligible Florida employees may take up to 12 weeks leave for the following reasons:
  • Care for a family member who is ill, injured or on military duty
  • Bond with a newborn
  • To be with a family member who is in preparation for military duty
To be eligible, employees in Florida need to have worked for the employer for at least a year, and must have worked for at least 1,250 hours the previous year before taking a leave. This law applies to employers who have a minimum of 50 employees.]]> Stratton & Green, ALC <![CDATA[Reasons to Avoid Hiring Online Legal Providers when Starting your Business]]> https://www.sglawcorp.com/?p=46825 2023-09-08T16:06:27Z 2018-06-21T05:00:00Z Stratton & Green, ALC <![CDATA[What You Need to Know About the Chapter 7 Bankruptcy]]> https://www.sglawcorp.com/?p=46822 2023-09-08T16:21:29Z 2018-05-22T05:00:00Z What You Need to Know About the Chapter 7 Bankruptcy If you are laden with anxiety because your business is on the verge of bankruptcy, filing for the Chapter 7 will help you reorganize your debt to avoid liquidation of your company assets. This also gets you off the hook of acquiring additional liabilities caused by charges against your monthly obligations and deflects collection calls that may hurt your business credit standing.

Bankruptcy Opens Your Financial Standing to Public Inquiry

When filing for the Chapter 7 law, be prepared to put your information into public scrutiny. This exposes every aspect of your financial standing including the mistakes and how your company handled your finances in the recent years. Filing for bankruptcy protection will also require you to file a huge amount of paper works which will be added on to the bankruptcy schedules. Among the things you need to present to the arbitrary court includes company assets, debts, income, recent financial activities and transactions, and expenses. You will also be required to attend several instances where you face with your creditors. Also called as a “meeting of creditors”, this can be extremely uncomfortable as you disclose your financial standing with them and the bankruptcy trustees.

It Affects Your Credit Standing for Several Years

It normally takes a debtor two years to start recovering from the financial burden they incurred from your business. In most instances, these creditors will not likely have business with you for the years to come following your Chapter 7 Bankruptcy filing. Working on your credit standing will help you get a better score so you can start rebuilding your finances. This will help you and your company focus on the changes that can help bring financial stability in the long run. If you are considering Chapter 7 Bankruptcy for your business, debt relief agencies like Stratton & Green, ALC can help you cross the bridge worry free. Not only will it protect your property, but also cease collection actions, and discharges all your debt balances from financial institutions you have acquired debt from.]]> Stratton & Green, ALC <![CDATA[Breach of Contract – What Now?]]> https://www.sglawcorp.com/?p=46839 2023-09-08T16:21:42Z 2018-05-11T05:00:00Z
  • Material Breach – the most serious of breaches, and is when one party fails to fulfill their end of the contract.
  • Fundamental Breach – the wronged party is allowed to stop performance and sue for damages.
  • Anticipatory Breach – a breach is about to happen.
  • Minor Breach – only a portion of the contract is breached.
    • In all cases of contract breaches, it must be credible. The signed contract, date it was executed, date of the breach, and the amount of money lost, must be available for your lawyer to evaluate. A qualified attorney can explain what is involved in each of these breach categories and more. The attorneys at Stratton and Green, LLC can help. For more information on breach of contract, contact them today.]]>         Stratton & Green, ALC <![CDATA[Stratton & Green, ALC Business Litigation: Are You a Victim of Unfair Business Practices]]> https://www.sglawcorp.com/?p=46836 2023-09-08T16:21:54Z 2018-04-14T05:00:00Z Stratton & Green, ALC <![CDATA[The Importance of Hiring a Lawyer to Represent Your Business]]> https://www.sglawcorp.com/?p=46849 2023-09-08T16:06:44Z 2018-03-03T06:00:00Z The Importance of Hiring a Lawyer to Represent Your Business Aside from the complicated paper works and preparing the capital for your business, you need manpower. You, as a business owner, need to hire employees that can make your business even more possible. Yes, resources are important, but without manpower, your business will never be a success. Now that you are hiring people, there are two important professionals that you will need – an accountant and a lawyer. Business owners definitely don’t miss hiring an accountant because they feel the need to have someone monitoring their charts of accounts, but they often miss the importance of hiring a lawyer for their business. That is why some businesses miss some small details in terms of legalities and litigation.

    Why Do You Need A Business Lawyer?

    Every business, big or small, needs to hire a lawyer. One main reason is there are lots of laws regarding business and these laws need to be followed. Given that there are hundreds of laws revolving around the world of business, every industry even has its own set of rules and regulations. These laws are not simple and a lawyer can definitely help you in determining what these laws are and how to abide. More than that, lawyers are the right professionals to seek advice when there are deals, contracts, and leases. More than that, businesses can be involved in disputes and that is part of the business cycle. What you need to avoid is procrastinating the need to hire a lawyer and when business disputes and claims knock on your door, you will be stressed out looking for someone out there to provide help. As early as now, lawyers should be hired to prevent this kind of circumstances.

    Where Can You Get A Business Lawyer?

    It really does not matter if you will be hiring a big or small firm. All you need to do is hire one of the best law firms that you think will match your business’ needs. If you are in California, you might want to know more about the [nap_names id="FIRM-NAME-1"]. This California-based law firm has been providing services to individuals and businesses all over the state by not just simply handling litigation, but also educating and empowering their clients to help them make decisions that will suit what they need. Headed by Cynthia Stratton and Sabrina Green, the law firm is providing services in different areas, including representing a business. Visit the [nap_names id="FIRM-NAME-1"]’s website today to learn more about what they can do and how they can help you.]]>         Stratton & Green, ALC <![CDATA[Saving Yourself the Trouble]]> https://www.sglawcorp.com/?p=46823 2023-09-08T16:06:48Z 2018-01-17T06:00:00Z Stratton & Green, ALC <![CDATA[Construction Law: How a Lawyer Can Help You]]> https://www.sglawcorp.com/?p=46837 2023-09-08T16:22:09Z 2018-01-11T06:00:00Z Construction Law : How a Lawyer Can Help You Construction companies must be aware of the legal framework they are operating under to avoid legal issues that could jeopardize the project in the future. The federal, state and local governments have their own regulations that affect different aspects of the building process. To avoid disputes construction companies must be strategic and proactive. Here’s how lawyers from [nap_names id="FIRM-NAME-1"] can help you.

    Contract Drafting and Negotiation

    Contract drafting and negotiation are one of the most important first stages that construction companies need to pay attention to. Thinking critically about the direction of the project and the possible pitfalls that may plague the process in the future will determine the terms of a contract. Some of the issues our lawyers can help you address include the collection of payment during the course of the project. Your lawyer can also prepare a comprehensive breakdown of all the contractual requirements before the project commences. Understanding the requirements of the project helps the builder determine if he can fulfill them before signing the contract.

    Dispute Resolution

    This describes the mechanism that the parties involved in a contract will follow in case issues arise between them. The dispute resolution mechanism can be outlined in the contract during the initial drafting and negotiation stages. Construction is one of the most dispute ridden industries. Having a well-defined dispute resolution mechanism helps clients determine how, where, and when the issues will be resolved. This, in turn, facilitates the smooth running of the project and avoids lengthy litigation processes that could prove to be costly. Since different regions have their own rules and regulations, having two parties from different states can lead to a situation where both parties have different expectations. [nap_names id="FIRM-NAME-1"] has lawyers who are experienced in conflict resolution, employment law, mechanic’s lien, amongst others.]]>         Stratton & Green, ALC <![CDATA[Two Common Myths About Filing Bankruptcy]]> https://www.sglawcorp.com/?p=46838 2023-09-08T16:22:20Z 2017-11-17T06:00:00Z Chapter 7 Bankruptcy Can Only Be Filed Once Many people have the impression that you can only file bankruptcy once in a lifetime. This is untrue. There are no limitations in a number of times a person can file bankruptcy. Chapter 7 bankruptcy, where an individual’s assets are liquidated, can be filed every eight years. Addition rules apply if filing under Chapter 13.

    Unpaid Debt Results in Jail Time

    This myth is especially frightening. This scare tactic is used by some debt collectors. However, unpaid debt does not result in jail time. Actual possibilities you may face for unpaid debt may include garnishment of wages, being taken to court, or a lien put on your property until which time the debt is resolved. Only if a crime has been committed can jail time be warranted, such as for fraud, hiding property, or refusal to pay taxes. Depending on your specific circumstances, bankruptcy may be the right option for you. For more information, contact us today for a consultation.]]>