breach of contract Archives - Wetherington Hamilton, P.A.

Conditions….life is full of conditions. I might tell my son that I’ll let him go to a party or a hockey game if he will clean up his room or take the trash out; these are conditions that he must fulfill in order to get what he wants. We have, in effect, created a verbal contract whereby each party must comply with certain contract conditions. My son may have to clean his room or take out the trash and in return, if he complies with his promise, I will have to allow him to attend a particular event. This is a simplified example, but the issue can be more complicated when parties are creating and enforcing contracts.

Contracts are full of conditions. A creditor may agree to loan money to a borrower with the condition that the borrower will make monthly payments for a specific amount which includes principal and interest; if payments are not timely made, late fees may be added. Sometimes contract conditions must occur prior to an event in order to create a contract, and sometimes conditions must occur in order for a creditor to sue for breach of contract if, for example, the borrower defaults on the loan by failing to pay as promised.

“A condition precedent is one which must happen or be performed before the estate to which it is annexed can vest or be enlarged; or it is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed.” Black’s Law Dictionary, Sixth Edition.

Some contracts conditions require notices of default be mailed to the borrower before a creditor is permitted to file suit. Debtors may raise failure to comply with conditions precedent as a defense, thereby attempting to prohibit a creditor from enforcing the terms of a contract. The attorneys at Wetherington Hamilton, P.A. can interpret contracts and ascertain whether conditions precedent have been complied with prior to filing suit in order to overcome the defense of failure to comply with conditions precedent. If you have a contract dispute, contact our office at (813) 676-9082 or JoanW@whhlaw.com.

Collections Attorney Tampa

Joan W. Wadler has been a member of the Florida Bar since 1991. Her practice concentrates on Collections and Commercial Litigation, Real Estate Litigation and Associations Law. She can be reached at (813) 676-9082 or JoanW@whhlaw.com

So you have a lawsuit of some kind and it is not a personal injury claim. You can’t afford an attorney or you may be able to afford an attorney, but you really don’t want to spend the money to pursue your claim. If your claim involves an action for money of any kind, for example a breach of contract, foreclosure, for possession of some type of real estate, breach of fiduciary duty or other type of claim for money, an alternative fee arrangement may be the way to go.

The age of hourly billing for attorneys is rapidly changing. Our firm handles matters using all types of alternative fee arrangements. When you chose your attorney to handle a breach of contract claim, you need to consider using these types of attorney billing methods to limit your exposure to excessive attorney’s fees. The hourly billing method involves the attorney billing by the hour for all work performed on the case. You receive a monthly bill with the time entries charged to your file for the month. This method works well in cases not involving a claim for money, or in cases where you are defending a claim brought against you by someone else.

Alternatives to the hourly attorney billing method include a contingency fee, a suit fee plus contingency fee, a straight flat fee, a success fee plus reduced hourly, a reduced hourly rate plus contingency and a flat fee.

The most common type of alternative fee used by attorneys is the contingent fee. A contingent fee involves the attorney getting paid a percentage of the recovery. This type of billing may be used to handle all types of commercial collections claims. A suit fee may be included in this type of claim. A suit fee is a fee earned by the attorney upon filing suit. For example, if the attorney sees your case as more complicated than a normal collections case, the suit fee will help get the case started. This suit fee can range from a few hundred dollars to thousands of dollars depending on the amount involved and the complexity of the case. In addition, a contingency fee may also be used in combination with a reduced hourly rate. For example if the attorneys rate is normally $350 per hour. This rate might be lowered to $250 per hour with a contingency of say 15% or 20% upon collection.

A straight flat fee is often used for matters involving contract preparation and drafting. You need to have your attorney commit to the fee at the outset as much as possible to ensure you will not be charge more than you anticipate for a particular project.

A success fee, is an additional fee received by the attorney upon a successful outcome. Often, this fee is included along with a slightly reduced hourly rate or a lower contingency rate. In the end this fee may be substantial, but of course, it is only paid if you win.

Ultimately, it is up to you to ask your attorney about these billing alternatives. Feel free to call our firm any time to discuss billing alternatives to help you get your claim filed.

Theodore Hamilton, Esq.

Contract Conditions: How They Can Impact Your Case

Attorney Billing Methods – More Than Just the Hourly Rate

Wetherington Hamilton, P.A.

Wetherington Hamilton, P.A.

Tag Archive for: breach of contract

Wetherington Hamilton, P.A.

Wetherington Hamilton, P.A.