Miami, FL commercial litigation attorney Robert Zarco talks about the factors he considers in deciding whether to file suit for breach of contract. He states that deciding whether to pursue a claim for a breach of contract between two or more parties is a complex process. It requires a careful analysis of the rights outlined in the agreement, as well as an understanding of the practical, real-world consequences of initiating legal action. When providing legal advice, attorneys must consider the associated business implications. Conversely, when clients make business decisions or seek business guidance, they must recognize the corresponding legal consequences.

He emphasizes that a critical factor is determining whether the breach is material—meaning it significantly affects the core of the contractual relationship. In cases of non-material breaches, which occur infrequently and have minimal financial impact, the potential business consequences may outweigh the benefits of pursuing litigation. Effective decision-making in these situations requires a balanced evaluation of both legal and business considerations.