What is considered a breach of contract in Florida?

In Florida, a situation can constitute a breach of contract if a valid contract existed and a party bound by the contract failed to uphold one or more of their specified obligations. To have a claim arising out of a breach of contract, you must be able to show that the violation resulted in damages, typically in the form of financial losses. Establishing the validity of the contract and the facts pertaining to the defendant’s violation requires you to show that: You upheld any obligations or conditions assigned to you under the contract, The conditions under which the defendant was required to perform their contractual obligations were in place, and The defendant either failed to meet these obligations or engaged in conduct that is prohibited by the terms of the contract. Contract breaches can be considered material or non-material. A breach is material if it is so significant that its impact undermines the integrity of the entire contract. Non-material breaches have a less significant impact. While both material and non-material breaches may provide grounds for legal action, the extent of the damages you can sue for is greater in the case of material breaches compared to non-material breaches.

How do you sue for breach of contract in Florida?

Breach of contract litigation begins with the filing of a legal document called a complaint in the appropriate court. This typically means filing in county civil court, although certain circumstances may provide the option to file elsewhere. In your breach of contract litigation, you need to build a compelling claim supported by evidence that establishes the valid contract between you and the other party, your fulfillment of applicable obligations, and the defendant’s failure to uphold their duties under the contract. You need to also establish how the defendant’s violation of the contract impacted your company and document the damages for which you’re seeking compensation. Civil breach of contract cases are formal legal actions, and you benefit from having an experienced attorney guiding you through the process.

Is it worth suing for breach of contract?

Whether it’s worth suing over an individual breach of contract depends on factors such as the nature of the breach, the relationships between the parties, and, most importantly, the consequences of the violation. It may not be worth suing if a longtime collaborator made a minor mistake that had a minimal impact on your business, and you wish to maintain ongoing working relationships with this company. On the other hand, suing may make more sense if the defendant isn’t someone you’re overly concerned with preserving professional relationships with or if you suspect that the breach constitutes intentional fraud or misconduct rather than a genuine mistake. If the contract violation had a significant negative impact on your business, it’s typically worth taking legal action as long as you have the grounds to do so. The civil legal system offers you an opportunity to recover compensation for these losses that you won’t find through any other route. During your consultation with Forge Litigation Group, I will listen to and evaluate the facts of your unique situation. I’m prepared to provide an objective review of your potential case, including not only whether you could legally pursue a claim but also whether doing so is practical.

How long do you have to sue for breach of contract in Florida?

You have a limited amount of time to take legal action following the violation of a business contract. Under Section 95.11 of the Florida Statutes, plaintiffs have five years to file a claim against a defendant for the breach of a written contract. If the agreement that was broken was not in writing, your time to file a claim is only four years. You shouldn’t wait until these deadlines are approaching to begin exploring your legal options. It’s in your best interest to act quickly so that your attorney can launch a thorough investigation before evidence that could support your case disappears.

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Breach Of Contract

Miami Breach of Contract Lawyer

Violation of Contract Attorney in Miami, FL, Litigating Breach Claims Against Large Corporations for Clients in South Florida and Nationwide

Business contracts establish the agreements that support companies’ operations or individuals’ activities. When one party fails to live up to the agreement, it’s much more than a broken promise. It’s a violation of a legally enforceable contract that can have devastating consequences on the individuals and small businesses affected. Don’t downplay your losses or underestimate the complexity of the civil legal process. Retain a Miami breach of contract lawyer committed to standing up for clients against the large corporations that have caused them harm.

At Forge Litigation Group, I stand up to corporations that violate the agreements they have made with small businesses and individual customers. I step in to stop these corporations from taking advantage of plaintiffs with less influence or resources than they have. You may not have an army of lawyers, like massive corporations do, but you’ll have the full benefits of dedicated advocacy by choosing my law firm to represent you.

If you’re ready to take advantage of a confidential consultation, I’m ready to provide a listening ear, compassionate guidance, and an objective assessment of your case. Contact me today to get started holding a defendant accountable for breaching your trust and breaking the terms of your contract.

Understanding Contract Violation Disputes in Miami and Beyond

Breach of contract cases are among the most common forms of business disputes in South Florida. Circumstances that can constitute a breach of contract include:

Failing to make agreed-upon payments in full or on time
Failing to deliver goods or provide services as agreed
Sharing sensitive or proprietary information with others despite signing a confidentiality agreement

Breaches of contract can occur in a variety of industries, from construction and real estate to manufacturing, retail, and professional services. I assist individuals and small businesses of all kinds in holding large corporations accountable for the consequences of contractual violations.

What Your Violation of Contract Attorney in Miami, FL, Must Prove

To make your claim a success, you need to establish all of the elements that Florida law requires for contract violation litigation and meet all procedural requirements. The main elements your Miami breach of contract lawyer must establish include the existence of a contract, the violation of its terms, and the damages that resulted from the other party’s failures.

The Existence of a Valid Contract

A contract is an agreement made between two or more people, companies, or other entities. Establishing that you had a valid contract with the defendant is an essential element in a breach of contract claim.

For a contract to exist, one party must make an offer and the other party must accept the offer (even if some negotiating occurs between the initial offer and the acceptance). Both parties must agree to the contract terms, which are intended to be legally binding. The contract should specify the conditions under which each party is expected to perform the designated duties.

All parties entering into the contract must generally be of legal age, have the mental capacity to understand the agreement they are entering into, and have the authority to enter such an agreement on behalf of an organization they represent. Further, for a contract to be valid and enforceable, it can’t involve an agreement to perform acts that are illegal.

Written contracts provide the most protection, because these agreements have clear language that can be read, interpreted, and reviewed. However, Florida law does acknowledge that oral contracts may be binding and enforceable.

To establish that you had a valid contract with the defendant, I will analyze and present the agreement and any related information.

Contractual Obligations Fulfilled and Unfulfilled

Once I have established that a valid, enforceable contract existed, I focus on demonstrating where and how the defendant fell short of meeting their obligations. This may mean providing evidence of non-payment for supplies or services, or it may encompass otherwise establishing that the products or services provided did not align with what was promised according to the contract.

It’s also important to show that you upheld your end of the contract. In some instances, such as never receiving agreed-upon goods or services that were contracted to be paid in arrears, there may be no conditions for you to uphold. However, establishing that you have acted in good faith helps demonstrate that the defendant’s conduct, rather than yours, is what led to the breakdown of the agreement and to your resulting losses.

Damages Resulting From the Contract Violation

In civil claims for contract violations, you’re pursuing accountability for the consequences of the broken contract. To receive compensation for your losses, you need to establish what those losses are and document them. Generally, damages for which you’re pursuing compensation could potentially encompass:

Direct damages, which include payments made to the defendant, the defendant’s failure to pay, and repair costs resulting from the contract violation
Consequential damages, which encompass foreseeable harms that can be proven with considerable certainty, such as loss of business opportunities and profits arising out of the broken contract
Liquidated damages, which are specified in the contract, such as late delivery penalties or cancellation fees

Depending on the specific facts, it may be possible to pursue other types of damages, as well.

Having an experienced Miami breach of contract lawyer handling your case provides the resources to identify all compensable losses and document these damages to the standards required under Florida law for a successful claim.

How Forge Litigation Group Can Help

As an experienced Miami breach of contract lawyer, I know how to analyze and interpret not only the law but also the specific provisions contained within individual contracts. These provisions can significantly affect your case by:

Specifying certain penalties for minor breaches of contract, such as late fees, cancellation penalties, or other liquidated damages
Establishing the path forward in the event of a dispute, such as requiring that issues be decided by arbitration instead of by the courts
Identifying whether the parties entering into the contract have a right of rescission and, if so, how long they have to cancel the contract
Indicating whether and how specific damages and remedies can be addressed

With in-depth knowledge of the law and legal procedures and a keen, analytical eye, I’ll review the entire contract to determine exactly what its terms mean for your civil claim. As I interpret contract language and legal statutes, I’m always focused on identifying the path forward and securing the most favorable outcome for you.

Why Choose Forge Litigation Group as Your Miami Breach of Contract Lawyer?

For a violation of contract attorney in Miami, FL, you can rely on, put your claim in the capable hands of Forge Litigation Group I’m devoted to helping clients hold major corporations accountable, backed by my extensive experience and commitment to trial-readiness.

Dedication to Helping Individuals and Small Businesses Take on Large Corporations

Some law firms pursue all opportunities to represent wealthy, powerful corporations, but not me. I enjoy helping individuals and small businesses fight back against large corporate entities. For me, it’s fulfilling to stand up for the “little guy,” even when that means facing off against a major corporation’s large legal team.

Decades of Experience Practicing Law in South Florida and Beyond

I bring to every case a background that includes 25 years of legal practice. From sharpening my trial skills in the courtroom as a former Assistant Public Defender in Miami-Dade County to learning the nuances of cross-border litigation while working for large regional and international firms, this experience has shaped my approach to legal practice and my ability to skillfully represent my clients.

Willingness to Take Your Case as Far as Necessary

Although many cases settle through negotiations, the best way to preserve all options available to you is to prepare for the possibility of fighting your legal battle in the most formal setting that applies. As a trial attorney, I’m always willing to take my clients’ cases to court if needed. If the terms of your contract require an alternative mechanism of resolving the dispute, such as arbitration, the in-depth case preparation that I routinely perform for my clients is still an asset. This approach equips me to make strong cases in favor of my client in any setting and ultimately supports a more favorable resolution.

Contact a Miami Breach of Contract Lawyer at Forge Litigation Group Today for a consultation

If you’re wondering whether the broken business disagreement is serious enough to file a breach of contract claim over, you need the guidance of experienced legal counsel. With genuine care for what you’re dealing with and the objectivity to see the big picture, I’ll listen to your story, assess the facts of your unique situation, and help you understand what options can most benefit you.

For help from a violation of contract attorney in Miami, FL, contact Forge Litigation Group online or call 786-933-8794 today.

Frequently Asked Questions About Breach of Contract Litigation

In Florida, a situation can constitute a breach of contract if a valid contract existed and a party bound by the contract failed to uphold one or more of their specified obligations. To have a claim arising out of a breach of contract, you must be able to show that the violation resulted in damages, typically in the form of financial losses.
Establishing the validity of the contract and the facts pertaining to the defendant’s violation requires you to show that:
You upheld any obligations or conditions assigned to you under the contract,
The conditions under which the defendant was required to perform their contractual obligations were in place, and
The defendant either failed to meet these obligations or engaged in conduct that is prohibited by the terms of the contract.
Contract breaches can be considered material or non-material. A breach is material if it is so significant that its impact undermines the integrity of the entire contract. Non-material breaches have a less significant impact. While both material and non-material breaches may provide grounds for legal action, the extent of the damages you can sue for is greater in the case of material breaches compared to non-material breaches.
Breach of contract litigation begins with the filing of a legal document called a complaint in the appropriate court. This typically means filing in county civil court, although certain circumstances may provide the option to file elsewhere.
In your breach of contract litigation, you need to build a compelling claim supported by evidence that establishes the valid contract between you and the other party, your fulfillment of applicable obligations, and the defendant’s failure to uphold their duties under the contract. You need to also establish how the defendant’s violation of the contract impacted your company and document the damages for which you’re seeking compensation.
Civil breach of contract cases are formal legal actions, and you benefit from having an experienced attorney guiding you through the process.
Whether it’s worth suing over an individual breach of contract depends on factors such as the nature of the breach, the relationships between the parties, and, most importantly, the consequences of the violation.
It may not be worth suing if a longtime collaborator made a minor mistake that had a minimal impact on your business, and you wish to maintain ongoing working relationships with this company. On the other hand, suing may make more sense if the defendant isn’t someone you’re overly concerned with preserving professional relationships with or if you suspect that the breach constitutes intentional fraud or misconduct rather than a genuine mistake.
If the contract violation had a significant negative impact on your business, it’s typically worth taking legal action as long as you have the grounds to do so. The civil legal system offers you an opportunity to recover compensation for these losses that you won’t find through any other route.
During your consultation with Forge Litigation Group, I will listen to and evaluate the facts of your unique situation. I’m prepared to provide an objective review of your potential case, including not only whether you could legally pursue a claim but also whether doing so is practical.
You have a limited amount of time to take legal action following the violation of a business contract. Under Section 95.11 of the Florida Statutes, plaintiffs have five years to file a claim against a defendant for the breach of a written contract. If the agreement that was broken was not in writing, your time to file a claim is only four years.
You shouldn’t wait until these deadlines are approaching to begin exploring your legal options. It’s in your best interest to act quickly so that your attorney can launch a thorough investigation before evidence that could support your case disappears.