Florida Breach of Contract Disputes

Matters we handle

• Claims for unpaid invoices and nonpayment
• Failed purchase agreements and deals that did not close
• Supply, distribution, and service agreement disputes
• Claims involving personal guaranties and promissory notes
• Disputes over partnership, shareholder, and operating agreements
• Fraud in the inducement and related claims
• Arbitration and mediation under contract clauses
• Defense of contract claims and counterclaims

Florida law at a glance

• A breach of contract claim generally requires a valid contract, a material breach, and damages caused by the breach.
• The deadline to sue is generally five years for a written contract and four years for a contract not based on a written instrument (section 95.11, Florida Statutes).
• Remedies can include money damages, specific performance in some cases, and rescission. Prejudgment interest is generally available on liquidated amounts.
• Under section 57.105(7), a contract clause that awards attorney’s fees to one side is applied to both sides, so the prevailing party on either side can recover fees.
• A settlement offer made under section 768.79 can shift attorney’s fees to the party who rejects it if the final judgment is at least 25 percent worse for that party than the offer.

General information about Florida law, not legal advice about your situation. Deadlines and requirements depend on the facts and the documents involved.