Florida Breach of Contract Lawyers for Businesses and Individuals

If someone has failed to do what a contract requires, you have options, and some of them have short deadlines. Jimerson Birr’s breach of contract attorneys represent Florida businesses, property owners, and individuals in contract disputes, from the first demand letter through mediation, trial, and appeal.

What to Do After a Breach of Contract

Read the contract again, including every amendment, exhibit, and notice requirement.
Collect the paper trail: emails, invoices, payment records, change orders, and any written notice you sent or received.
Write down a timeline of what was promised, what was delivered, and when the problem began.
Do not stop performing, withhold payment, or send a termination notice until a lawyer has reviewed the contract. Doing the wrong thing first can create a claim against you.
Talk with a breach of contract lawyer early. Filing deadlines can run from the date of the breach, not from the date you decide to act.

How We Handle a Breach of Contract Case

Review the contract and the facts. We identify what the contract requires, who failed to perform, and what proof exists.
Send a demand or respond to one. Many disputes are resolved through a well-supported demand letter and negotiation.
Try to resolve it out of court. Mediation and settlement talks can save time and cost, and some contracts require them.
File suit when needed. If the dispute does not settle, we litigate in Florida state and federal courts, through trial and appeal.
Collect or defend the judgment. We help enforce a judgment or defend against one.

Every case is different, and past results do not guarantee a similar outcome.

Remedies for a Breach of Contract in Florida

Depending on the contract and the facts, a court can award money damages for the losses the breach caused, order a party to perform under the contract (specific performance), or cancel the contract (rescission). Some contracts include an attorney’s fee provision, and Florida law can make a one-sided fee provision apply to both sides. Prejudgment interest may also be available. Which remedies fit your situation depends on the contract language and the evidence.

Contract Disputes We Handle

We handle disputes involving commercial leases, real estate purchase and sale agreements, vendor and supplier agreements, service and licensing agreements, partnership and shareholder agreements, and the sale of a business.

What Is a Breach of Contract?

Breach of contract occurs when one party fails to perform their obligations under a legally binding agreement without a legal excuse. Such failures can include failure to deliver goods or services, pay, or meet other terms outlined in the contract.

For example, suppose Party A entered into a contract with Party B to purchase a specific piece of real estate. The contract includes a closing date and a purchase price. If Party A fails to show up on the closing date or pay the agreed-upon purchase price, Party B could seek legal action for breach of contract. In addition, party B could try to have the contract enforced with specific performance and receive damages for any losses from the breach.

Keep in mind that disputes over a breach of contract typically belong in civil court. Unless fraud is involved, a breach of contract does not amount to a criminal matter.

Need help with a breach of contract claim? Schedule a consultation with a Jimerson Birr breach of contract lawyer today.

What Legal Issues Typically Arise Related to a Breach of Contract?

The following disputes are common disputes by our contract lawyers:

Contract formation: In some cases, it is not always obvious when or if the parties formed a contract. Under Florida law, a plaintiff proves the existence of a contract by showing that the parties had a “meeting of the minds” as to the contract’s essential terms.
Contract interpretation: When the alleged nonperformance does not violate any term of the contract, an action for breach will not succeed. Therefore, it becomes essential to understand the terms of the contract and interpret any ambiguities to understand if and when a breach occurred.
Limiting Remedies: Florida law allows parties to a contract to contractually limit the remedies available in the event of a breach. However, these provisions are not consistently enforced and depend on the facts of a particular case.

What Are Relevant Laws Related to Breach of Contract in Florida?

Much of Florida law related to breach of contract claims comes from common law, or case law, based on the previous judicial decisions of Florida courts. Florida courts can decide how to interpret a contract, whether and when an agreement will be enforced, and whether specific provisions of a contract will be enforced, as well as many other breach of contract issues. However, here are some

Breach of contract attorneys at Jimerson Birr are familiar with both common law and statutory regulations. Key Florida statutes include:

Section 685.01: This statute allows parties to agree that Florida law will govern a contract if the contract is in the category described by the statute.
Section 95.11: This statute sets the statute of limitations for breach of contract claims in Florida, which is typically within five years of the contract’s formation. However, this period may vary depending on the type of contract.

What Is Required to Prove a Case of Breach of Contract in Florida?

To succeed in a breach of contract claim, a contract breach lawyer must demonstrate:

The existence of a valid contract;
A material breach of the contract by the other party;
Damages suffered by the non-breaching party as a result of the breach; and
The plaintiff’s performance of their obligations under the contract or a legal excuse for any nonperformance.

Jimerson Birr’s breach of contract attorneys near you take a client-centered approach, carefully weighing costs, benefits, and liabilities. Depending on your objective, our attorneys for breach of contract may pursue remedies such as:

Monetary damages
Specific performance

To see what actions may be available for your unique situation, please contact our Breach of Contract law firm to set up your initial consultation today.

What Are Common Defenses to Breach of Contract in Florida?

The primary defenses to breach of contract in Florida include:

Waiver: In some circumstances, the performance of a contract by one party can be waived by the other party, either explicitly or implicitly.
Prevention of performance: Sometimes, one party’s cooperation is a prerequisite to the performance of the other. If a party refuses to cooperate, this can sometimes be “prevention of performance” and excuse any nonperformance or breach.
Impossibility: Under Florida law, a contract obligation can generally be made impossible by three things: an Act of God, the law, or another party.
Statute of Limitations: The defense may argue that the statute of limitations bars the breach of contract action
Duress: The defense argues that one party was forced to enter the contract under threat of harm or intimidation.
Mistake: The defense argues that one or both parties made a mistake when entering into the contract, which would make it unenforceable.
Unconscionability: The defense argues that the court should not enforce the contract because it is oppressive or one-sided.

One core strategy of defending against breach of contract claims is to disprove some of the elements the plaintiff must prove to sustain the cause of action. For instance, if there is proof that no valid contract existed or that the defendant did not commit a material breach, the plaintiff would be without a case.

To see what defenses may be available for your unique situation, please contact our Florida Breach of Contract attorneys to set up your initial consultation.

Have More Questions About a Breach of Contract-Related Situation?

Crucially, this overview of Breach of Contract does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers work with the details of Florida contract law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.

Why Choose Jimerson Birr for Your Breach of Contract Case?

At Jimerson Birr, we’re proud to be a breach of contract law firm that puts clients first. Our lawyers for breach of contract combine extensive legal knowledge with personalized, results-driven advocacy. Whether you’re dealing with a contract dispute in Miami, Orlando, or elsewhere in Florida, we’re here to help.

Our Florida contract lawyers assist with everything from drafting agreements to litigating complex disputes. We’ll help you understand the merits of your case, your potential remedies, and your risks.

Frequently Asked Questions Before You Hire a Breach of Contract Lawyer

How long do I have to file a breach of contract lawsuit in Florida?

In general, a lawsuit on a written contract must be filed within five years, and a lawsuit on an oral contract within four years. A claim for specific performance has a shorter one-year deadline. Other deadlines can apply depending on the type of contract, so do not wait to have your situation reviewed.

Do I have to go to court?

Not always. Many contract disputes settle through negotiation or mediation, and some contracts require mediation or arbitration before anyone can sue. If the dispute does not settle, a court decides.

What will it cost?

Cost depends on the dispute and how far it goes. We discuss fees at the start so you can decide with a clear picture. If your contract has an attorney’s fee provision, it may affect who pays.

What should I bring to the first meeting?

Bring the contract and every amendment, the emails and letters about the problem, invoices and payment records, and a short timeline of events.

Can I sue over an oral agreement?

Yes, in many cases. An oral agreement can be enforced, but it is harder to prove, so any messages, payments, or witnesses that show its terms matter.

What if the other side says I breached first?

That is a common defense and is often raised as a counterclaim. We look at who failed to perform first and whether either side had a legal excuse.

Schedule Your Consultation Today

When you need a contract attorney in Florida or are searching for a contract attorney near you, contact Jimerson Birr to discuss your situation. Call us at (904) 389-0050 or complete our online form to schedule a consultation with an attorney specializing in contracts. Let us help you resolve your breach of contract issues efficiently and effectively.