Breach of Contracts in Florida

2. Florida Legal Context

Under Florida contract law, a valid contract requires:

1. Offer
2. Acceptance
3. Consideration (something of value exchanged)
4. Mutual intent to be bound
5. Legality of subject matter

To succeed in a breach of contract claim in Florida, the plaintiff must prove:

• A valid contract existed
• The plaintiff performed or was excused from performing
• The defendant materially breached the contract
• The plaintiff suffered damages as a result

Remedies in Florida may include:

• Damages: Compensatory damages for losses caused by the breach.
• Specific performance: Court orders the breaching party to fulfill their obligations (common in real estate).
• Rescission: Cancelling the contract and restoring parties to pre-contract positions.

3. Real-World Application

Examples of breach of contract disputes in Florida:

• A Tampa supplier fails to deliver goods on schedule, disrupting a retailer’s operations.
• A Miami landlord sues a commercial tenant for unpaid rent under a lease agreement.
• An Orlando technology company enforces a service contract after a client refuses to pay invoices.

4. Why It Matters for Business Owners

Contracts are the backbone of business transactions. A breach can cause financial loss and business disruption.

Why it matters:

• Protects your rights: Enforcement ensures agreements are honored.
• Limits liability: Proper contracts and litigation can minimize damages.
• Preserves relationships: Dispute resolution options (like mediation) may salvage partnerships.
• Deters misconduct: Holding parties accountable discourages future breaches.

Common mistakes Florida businesses make:

• Using generic or verbal agreements instead of written contracts.
• Not including attorney’s fee provisions (Florida courts enforce these only if included in the contract).
• Failing to document performance or breach with written evidence.

Waiting too long — Florida’s statute of limitations for written contracts is 5 years.

5. Real-World Florida Examples

• A Sarasota construction company won damages after a client failed to pay under a written contract.
• A Jacksonville service provider lost its case because the agreement was only verbal, making proof difficult.
• A Fort Lauderdale franchisee successfully defended a breach claim by showing the franchisor failed to meet its own obligations.

6. How Our Law Firm Can Help

At Black Rock Trial Lawyers, our Litigation Department aggressively represents businesses in breach of contract cases. We provide:

• Contract review and analysis for enforceability and risk
• Filing and defending breach of contract lawsuits in Florida state and federal courts
• Pursuing damages, specific performance, or rescission
• Litigating commercial lease disputes, vendor/supplier contracts, and partnership agreements
• Drafting strong contracts to prevent future disputes

We fight to enforce your contracts and protect your business interests.

7. FAQs (Frequently Asked Questions)

Q: How long do I have to sue for breach of contract in Florida?
A: Generally 5 years for written contracts and 4 years for oral contracts.

Q: Can I recover attorney’s fees if I win?
A: Only if your contract includes an attorney’s fee provision or if a statute allows it.

Q: What if the other party partially performed?
A: Courts look at whether the breach was material (serious enough to justify legal action).

Q: Do I have to go to trial for a breach of contract case?
A: Not always. Many cases resolve in mediation or settlement.

Q: Why hire Black Rock Trial Lawyers for breach of contract litigation?
A: Our Litigation Department combines trial experience with strategic negotiation to maximize results for our clients.