Your construction lawyer should be on hands at all times, not just at a time of crisis. Your lawyer will help you with the ins and outs of the construction world. Not only can your Orlando construction lawyer assist you with writing a contract or helping you file for a bid protest they can also help you determine whether or not it’s worthwhile to bring a lawsuit to court.
Lawyers know the three major questions to ask when deciding to sue.
- Is My Case Substantial?
- Am I Comfortable With Trying Mediation Or Compromising?
- Can I Collect If I Win?
If you answer “no” to any of these three questions, then chances are it’s not in your best interest to sue. Alternative options to a lawsuit (litigation) are arbitration or mediation. Both of these solutions offer an out of court, third party mediator or arbitrator to help the two disputing parties come to a mutual agreement.
What Defines A Good Case?
Orlando construction attorneys have the experience and skills to help clients figure out whether or not their case is substantial. There are a few known elements that help to determine whether or not your lawsuit would stand up in court.
- Performance: Your attorney has to be able to prove that you did what was required of you to fulfill your end of the contract. Whether it be completing all the work that you agreed to do in a timely manner or made payments on time, it is important to show that your performed to the best of your abilities.
- Breach: If your lawsuit is against the other party in your contract that failed to meet their obligations (also known as breach of contract), you have to prove that they did not do their agreed upon work or provided poor quality work.
- Contract Formation: You need to prove to the court that you have a legally binding contract with the other party. This is where a written contract homes in handy. Written contracts are easy to show, unlike an oral contract.
- Damages: You will have to show that the other party’s breach of contract caused you an economic loss.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.