Well-drafted, enforceable commercial agreements are the backbone of every successful business. Whether you’re forming a new partnership, hiring vendors, or negotiating service terms, having a clear, legally sound contract protects your interests and reduces the risk of costly disputes. At Gueronniere Law, P.A., our Wellington-based practice understands the nuances of business relationships and contract law. We provide experienced guidance throughout the contract lifecycle—from drafting and negotiation to enforcement and breach resolution.
What Is a Commercial Agreement?
A commercial agreement is a legally binding contract between two or more businesses or business entities. These agreements define the rights, responsibilities, and expectations of each party involved in the transaction. To be enforceable under Florida law, a commercial agreement must include:
- Mutual agreement: One party must make an offer, and the other must accept. This is often referred to as a “meeting of the minds.”
- Consideration: Each party must exchange something of value, whether it’s money, services, or a promise to refrain from a specific act.
- Contractual capacity: All parties must be legally competent and fully understand the terms of the agreement.
- Voluntary participation: The agreement must be entered into freely, without coercion, fraud, or undue influence.
- Lawful purpose: Contracts involving illegal acts are not enforceable by law.
Although oral agreements can be legally binding in some situations, a written contract is strongly recommended. Certain agreements, such as those governed by Florida’s version of the Uniform Commercial Code (UCC), must be in writing to be enforceable, especially contracts for the sale of goods valued at $500 or more.
Key Provisions in a Commercial Agreement
A carefully structured commercial agreement should include specific clauses tailored to your business goals and potential legal risks. Common provisions include:
- Confidentiality Clauses: Restrict the sharing of proprietary information obtained during the business relationship.
- Non-Compete and Non-Solicitation Terms: Prevent a party from competing against your business or soliciting your clients for a specific period or within a geographic area.
- Termination Clauses: Define when and how the contract may end, including for cause, convenience, or upon certain triggering events.
- Force Majeure Provisions: Excuse performance obligations due to extraordinary events such as natural disasters or governmental orders.
- Jurisdiction and Governing Law: Clarify which state’s laws apply and where disputes will be resolved, particularly important if the parties operate in different states.
- Dispute Resolution Mechanisms: Specify whether disagreements must go through mediation, arbitration, or litigation, which can help streamline conflict resolution and reduce legal costs.
Your attorney should customize these provisions based on the nature of your business, the type of agreement, and potential liabilities.
Common Types of Commercial Agreements We Handle
At Gueronniere Law, P.A., we draft and review a wide range of commercial contracts, including:
- Vendor and Supplier Agreements
- Employment and Independent Contractor Agreements
- Confidentiality and Nondisclosure Agreements (NDAs)
- Shareholder and Partnership Agreements
- Commercial Real Estate Leases and Sales Contracts
- Franchise Agreements
- Licensing Agreements
- Service Contracts
Each of these contracts plays a vital role in protecting your operations, preserving business relationships, and reducing financial exposure.
Enforcing Commercial Agreements and Handling Breaches
A commercial agreement is only as effective as its enforceability. If a party fails to uphold their end of the bargain—whether through missed payments, failure to deliver services, or violating restrictive covenants—legal action may be necessary.
Under Florida law, businesses can seek remedies for breach of contract, including:
- Monetary Damages: To compensate for losses caused by the breach.
- Specific Performance: A court order requiring the breaching party to fulfill their contractual obligations.
- Rescission: Canceling the contract and restoring both parties to their original positions.
- Injunctions: Preventing further harm by ordering the breaching party to stop a specific action.
Our firm assists clients in enforcing contracts efficiently, whether through demand letters, negotiated settlements, or litigation when needed. We also advise clients on proactive risk mitigation strategies, like clearly defined terms and early dispute resolution clauses, to reduce the likelihood of breach in the first place.
Why Choose Gueronniere Law, P.A. for Commercial Contracts?
At Gueronniere Law, P.A., we go beyond boilerplate templates. We take time to understand your business goals, identify legal and financial risks, and craft contracts that reflect the realities of your industry. From drafting and negotiating to handling disputes, our commercial agreements attorneys are trusted partners for businesses throughout Wellington and surrounding communities.
Whether you are entering into a new business relationship or navigating a breach of an existing one, our legal team is ready to protect your interests and help your business thrive.
Contact Our Wellington Commercial Agreement Practice Today
Your contracts are too important to leave to chance. At Gueronniere Law, P.A., we help businesses throughout Wellington, Florida, create and enforce strong commercial agreements that support long-term success. Contact us today to schedule a consultation and learn how we can support your business goals with strategic, responsive legal counsel.