Gainesville Business Litigation Attorney
Veteran business litigation and business organization attorney, J. Mark Dubose has over a decade of experience representing business owners in North Central Florida and Texas. Utilizing an extensive knowledge of business law, The Law Office of J. Mark Dubose P.A. will confidently guide you through the legal challenges facing your business. Our practice understands the time and detail required to manage a case through mediation, arbitration, trial and appeals and will be there to assist you each step of the way.
What is Business Litigation?
Business law is a general term used to encompass all laws, rules and regulations pertaining to a business. These laws govern contracts, sales, employment, property and insurance. Business litigation is the process by which a business owner uses a lawyer to resolve any disputes, lawsuits, or discrepancies facing their business.
Business Litigation cases include:
- Partnership disputes
- Breach of contract
- Real estate disputes
- Boundary and easement disputes
- Construction liens
- Intellectual property disputes
- Collecting a Debt
- Commercial / Industrial lease disputes
What is Business Organization?
Business organization is process by which an entrepreneur legally establishes his or her business. New business owners must obtain trademarks, establish corporate or other business entities, form contracts, structure the company, establish intellectual property and employ workers. Obtaining the guidance of an experienced business attorney is crucial at this stage. New business owners are encouraged to consult a legal professional to ensure all contracts, forms and legal documents are handled properly.
Common Business Litigation Topics include:
Breach of Contract
A contract is a legally binding agreement between two parties in which both parties agree to either perform a certain duty or pay a certain amount. Contracts can be written or spoken (oral). A breach of contract occurs when one party fails to fulfill the agreed upon duty.
A contract can be breached in one of the following ways:
- One party does not perform his or her contracted duty
- One party does something to make it impossible for the other party to perform his or her contracted duty
- One party refuses or does not intend to perform the contracted duty
Damages for Breach of Contract
Generally speaking, the non-breaching party may be entitled to damages or remedies. Damages can take a variety of forms, but most cases result in a monetary award.
Damage categories include:
- Actual damages: Non-breaching party is compensated with a sum that will put them in the same place they would have been had the breach not occurred.
- Punitive damages: Breaching party is forced to pay as a means of punishment.
- Liquidated damages: A previously agreed upon amount, outlined in the contract by both parties, must be paid should a breach occur.
- Nominal damages: The minimal amount of money paid to the non-breaching party who won the case, but did not suffer a financial lose.
Real Estate Disputes
Generally speaking, a real estate dispute is a term used to cover an array of property discrepancies in commercial, industrial and residential markets. Real estate disputes encompass a wide variety of people, including business owners, landlords, tenants, homeowners and developers. Clients involved in a dispute are encouraged to consult a legal professional before taking any legal action. One simple misstep can result in problems that are costly and time-consuming to rectify.
Common real estate disputes include:
- Lease disputes
- Construction contractor disputes
- Zoning
- Boundary and easement disputes
- Landlord- tenant issues
- Property tax
- Land sale and purchase agreement disputes
- Financing disputes
Resolving a real estate dispute
Attorneys specializing in real estate disputes should be familiar with the state statutes and local government. Complex disputes will require a detailed eye and an extensive background in real estate law. An experienced attorney will attempt to resolve the disagreement using the following techniques.
- Mediation: A neutral third party is introduced to help the disputing parties come to a mutual agreement. Mediation offers individuals the chance to resolve disputes out of court. It is generally the fastest and least expensive option
- Arbitration: Arbitration occurs outside of court using an intermediary or arbitrator. Each party is given one opportunity to present their side of the case. The arbitrator then makes his or her decision. Unlike mediation, this decision is generally binding. Arbitration’s main benefits include speed of decision and case privacy.
- Litigation: Certain real estate disputes cannot be settled out of court. When no other option is acceptable, a client’s case will go to trial.
The Law Office of J. Mark Dubose P.A. has extensive knowledge in the field of business litigation and business organization. Having represented a broad spectrum of business cases, we are confident in our ability to effectively represent and advocate for your business.