Trust is the foundation of every business relationship, and contracts serve as tools to represent that trust. When a party involved in a contract violates it, it may result in financial damage, business downtime, and legal actions against you. In many of these situations, experienced business law attorneys help companies protect their rights and resolve disputes effectively. If we talk about Florida, violation of contract law happens very frequently and is the most popular reason why people consult a lawyer.
What Counts as a Breach of Contract?
Breach of contract is described as a situation where one party violates the terms of the agreement without an acceptable reason from a legal standpoint. In Florida, there are three types of breach of contract:
• A major breach is a serious violation that undermines the essence of the contract, allowing the injured party to seek compensation in court.
• A small breach is a partial breach that does not affect the substantial performance of the contract but might be grounds for minor compensation.
• Predictive breach—a breach that shows an intention of breaching the contract ahead of time, and therefore the non-breaching party has time to act.
No matter whether it is your supplier, client, or partner who breaches the contract, depending on its type, you can pursue legal actions.
How Business Law Attorneys Help You Respond
Once the breach happens, the countdown has begun. The statute of limitation for written contracts in Florida is normally five years; however, postponing an action might put you at a disadvantage. With the help of business law lawyers, you will be able to
• Assess the viability of your claim along with the damage compensation
• Check if there was really any breach by looking at your contract.
• Use demand letters in many cases to reach a compromise
• Safeguard your business relations by defending your rights via mediation or arbitration.
Remember, resolving a dispute is more than just about winning in court. The ultimate objective of a lawyer is to achieve the desired outcome without taking unnecessary legal actions.
Damages You Can Recover in Florida
Several factors determine the damage that the other party can recover under Florida state law.
1. Compensatory Damages: It is the damage suffered in terms of monetary loss arising out of the breach of contract.
2. Consequential Damages: It means the losses that could have reasonably been anticipated due to the breach of contract.
3. Liquidated Damages: The amount decided in advance for any breach of contract.
4. Attorney’s Fees: Recoverable under specific contracts.
Protect Your Business with Rosenberg Law, P.A.
Here at Rosenberg Law, P.A., our expert team of corporate law attorneys has been helping Florida corporations resolve complicated contract disputes and other related litigation issues for many years. Whether you need ironclad contract agreements, assistance with a breach of contract, or litigation to recover your losses, we can provide all the support you require.
From our main offices located in Plantation, Boca Raton, and Sarasota, we offer our clients the service they deserve!
Learn more: Wrongful Termination in Florida: What Employees Need to Prove
Frequently Asked Questions
How do I know if I have a valid breach of contract claim in Florida?
To make a legitimate claim, one typically needs to establish four elements: (1) an existing contract, (2) fulfillment of your obligations, (3) the other party’s failure to perform and breach of the contract, and (4) damages suffered as a result of their non-performance. An attorney will be able to assist you in determining whether you can make a legitimate claim.
How long do I have to file a breach of contract lawsuit in Florida?
In Florida, it is five years after the contract date for written contracts and four years for oral contracts. It is essential to act on time for several reasons.
Can I recover attorney’s fees in a breach of contract case?
There are no laws governing attorney fees in the state of Florida. Attorney fees are collectible either where there is a fee-shifting agreement in your contract or where there is a specific statute allowing the recovery of such costs.
Is litigation always necessary in a breach of contract dispute?
Absolutely not. There are plenty of disputes that are settled without having to resort to litigation through alternative dispute resolution methods.
