Wellington Contract Litigation Attorney
A signed agreement that one side has stopped honoring, whether it is a purchase contract that will not close, a lease that is being ignored, or an operating agreement a partner has decided no longer applies to him, tends to surface fast in a community like Wellington, where equestrian businesses, real estate investors, and family-owned companies do much of their work on handshakes backed by paper. The Andrew M. Schwartz Legal Team handles contract disputes for business owners, investors, and families in Wellington and across Palm Beach County and Broward County.
If you are looking for a Wellington contract litigation attorney, the first thing worth knowing is that contract cases are won and lost on specifics: the exact words of the agreement, the way the parties actually behaved, and whether a deadline has already started running against you. A breach that feels obvious in conversation can look very different once a court reads the document line by line.
Contract litigation also differs from the disputes people tend to confuse it with. It is not a negligence claim, where the question is whether someone was careless. It is not a fraud claim, where the question is whether someone lied. The core question is simpler and often harder: what did the parties promise, and did they do it?
Why Choose the Andrew M. Schwartz Legal Team for Contract Disputes
The Andrew M. Andrew M. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. Contract enforcement and interpretation have been at the center of his practice for his entire career, including purchase agreements, operating agreements, shareholder agreements, commercial leases, loan documents, and construction contracts.
Andrew is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience in business and real estate cases in state and federal courts. That matters in contract work, because a dispute may belong in state circuit court or, depending on the parties, in federal court, and the team is comfortable in both.
The firm practices as a true legal team, which means everyone working on your matter knows the file. When you call, someone can answer your question. A strict 24 hour return call policy applies if the team is in court or otherwise unavailable, and scheduled conference calls are set at times that work for everyone involved.
Results matter as much as credentials. After a 5-day bench trial in Broward County, the Circuit Court issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract, meaning the court ordered the other side to actually perform the deal rather than simply pay damages. The firm is also experienced in mediation and arbitration, and it looks for the resolution that fits the client’s goals and budget rather than stretching a case out for its own sake.
Contract Disputes We Handle for Wellington Businesses and Property Owners
- Real Estate Purchase and Sale Contracts: Failed closings, disputed deposits, and sellers or buyers who walk away from a signed contract. Wellington’s mix of residential estates, commercial parcels, and equestrian property makes these disputes common, and remedies can include damages or an order compelling the sale to go forward.
- Operating and Shareholder Agreements: Breaches by an LLC member or shareholder, ignored buyout provisions, disputed distributions, and deadlock clauses that no longer work as intended.
- Commercial Leases: Disputes between landlords and business tenants over rent, build-out obligations, personal guaranties, and early termination.
- Loan Documents and Guaranties: Defaults, acceleration, disputed payoff figures, and claims against individuals who guaranteed a company’s debt.
- Construction and Improvement Contracts: Unfinished work, defective work, payment disputes between owners and contractors, and change orders that were never put in writing.
- Business Sale Agreements: Earn-out disagreements, undisclosed liabilities, non-compete breaches, and sellers who did not deliver what the purchase agreement described.
- Missing or Diverted Funds: Contract claims that sit alongside accounting demands and breach of fiduciary duty when a partner or manager cannot explain where company money went.
- Family and Friend-Owned Businesses: Agreements made informally between relatives or longtime friends, where the paper trail is thin and the relationship adds pressure.
What to Do Now if the Other Side Has Broken the Agreement
Start by collecting the paper. That means the signed contract and every amendment, the emails and texts around the deal, invoices, payment records, and anything showing how the parties actually performed. Courts often look at the history of dealings between the parties, and a clean file early on saves real time and money later. Do not delete anything, even messages that feel embarrassing.
Next, check the clock. Florida sets different deadlines depending on the kind of claim. An action founded on a written instrument generally must be filed within five years. A contract claim that is oral or implied has four years. An action to rescind a contract has four years, and a fraud claim has four years from discovery, with an outer limit of 12 years. A claim for specific performance, where you want the court to order the deal completed, carries only a one-year period, which catches many people off guard. If the agreement itself shortens or modifies any of this, that needs to be reviewed immediately.
Read the contract for procedural traps before you send anything. Many agreements require written notice of default, a cure period, mediation, or arbitration before anyone can sue, and some carry a venue clause or an attorney fee provision. Sending an angry email can undercut a position; sending a notice that does not follow the contract can give the other side an argument. Resist the urge to respond emotionally, and avoid making further payments or concessions that could be read as waiving your rights.
If money or property is at risk of disappearing, say so early. A court can issue temporary and permanent injunctions to stop assets from being moved or spent while a case is pending, and the firm regularly seeks early and emergency relief when waiting would defeat the purpose of the lawsuit.
Where the case is filed depends on the amount and the parties. Claims above the county court ceiling belong in circuit court; in Palm Beach County that is the Fifteenth Judicial Circuit, and in Broward County the Seventeenth Judicial Circuit, which operates complex business divisions for larger commercial disputes. Some cases belong in the United States District Court for the Southern District of Florida, which sits in West Palm Beach and Fort Lauderdale among other locations. Clients who live in New York, New Jersey, or Connecticut do not need to travel for every hearing; the firm handles the local court appearances and keeps them informed at each stage.
Remedies Available in a Florida Contract Case
Most people assume a contract case ends with a check, and often it does. Compensatory damages aim to put the injured party where it would have been had the contract been performed. But damages are not the only tool. A court sitting in equity can order specific performance when money cannot fully repair the harm, which is common with real estate, since no two parcels are identical. A court can also rescind a contract, unwinding it and returning the parties to their original positions, or issue an injunction to stop a breach, such as a violation of a restrictive covenant.
Contract claims also rarely travel alone. When the dispute involves co-owners of a business, the same facts may support a claim for breach of fiduciary duty, an accounting, or even judicial dissolution of an LLC or corporation. Florida law allows dissolution of an LLC where managers or members are deadlocked and irreparable injury is threatened, where assets are being misappropriated or wasted, or where it is not reasonably practicable to carry on the business under the operating agreement. Some operating agreements contain their own deadlock sale mechanism, which can take the place of a court-ordered dissolution if it is properly started first. In corporate cases, remaining shareholders can sometimes elect to buy out a petitioning shareholder at fair value, and the parties get a 60-day window after the first election is filed to agree on terms.
Deciding which claims to bring, in what order, and in which forum is a strategic choice, and it is one reason a contract dispute deserves real analysis before a complaint is filed. The firm also weighs mediation and arbitration against litigation honestly. Sometimes a negotiated resolution protects the client better than a trial; sometimes the other side will not move until it sees a credible lawsuit.
Wellington Contract Litigation Questions
How long do I have to sue for breach of contract in Florida?
For a contract founded on a written instrument, the general limit is five years. For an oral or implied contract it is four years. Other claims tied to the same dispute, such as fraud, rescission, or specific performance, run on different clocks, and specific performance is only one year. Confirm the deadline for each claim as early as possible.
Can I recover my attorney’s fees in a contract case?
It depends on the agreement. Many contracts include a fee-shifting clause that awards fees to the prevailing party, and such a clause can cut both ways. Review that language before you decide to sue or to defend.
What is the difference between damages and specific performance?
Damages compensate you with money for the loss. Specific performance is a court order requiring the other side to do what it promised. It is most often sought in real estate deals, where the property cannot be replaced. The firm won a final judgment granting specific performance of a commercial real estate contract after a bench trial in Broward County.
My contract was never signed. Is it still enforceable?
Possibly. Conduct, emails, partial performance, and course of dealing can support an enforceable agreement, and those claims fall under the shorter four-year period. Certain types of agreements, such as many real estate transactions, generally need to be in writing, so the facts matter a great deal.
Do I have to go to court, or can this be settled?
Many disputes resolve through negotiation, mediation, or arbitration. Some contracts require one of those steps before a lawsuit. The firm is experienced in alternative dispute resolution and in the courtroom, and it recommends the path most likely to meet your goals efficiently.
Which court would hear my case if I am in Wellington?
Disputes above the county court ceiling are heard in circuit court, which for Palm Beach County means the Fifteenth Judicial Circuit. Smaller claims go to county court, and very small ones to small claims. If the parties are from different states and the amount is large enough, or federal law is involved, the Southern District of Florida may be an option. Where the defendant is located or where the contract was performed can also affect venue.
Can I sue a business partner for breach of an operating agreement?
Yes. A member who violates the operating agreement can be sued for breach of contract, and often for breach of fiduciary duty as well. Remedies range from damages and an accounting to a court-ordered buyout or dissolution in serious cases.
What if the other side is moving money or assets while we argue?
Tell your attorney right away. A court can issue injunctive relief to freeze or restrain assets while the case is pending, and in urgent situations that relief can be sought on an emergency basis. Delay can make the difference between a recoverable asset and an empty account.
I live out of state but my contract involves Wellington property. Can you still help?
Yes. The firm regularly represents clients from New York, New Jersey, and Connecticut with business or real estate interests in South Florida. It handles the local filings and hearings so you do not need to be present for each one.
Does an attorney referral change anything about how the case is handled?
No. A significant part of the firm’s practice comes from other lawyers, including out of state counsel whose clients have Florida disputes and Florida attorneys who do not handle business litigation. The firm keeps referring counsel informed and respects the existing client relationship.
Is it worth hiring a lawyer if the contract is relatively small?
Sometimes a focused demand letter resolves it, and sometimes the cost of litigation outweighs the recovery. A candid early review of the contract, the evidence, and the realistic outcome helps you decide. The firm prefers cost-effective solutions that make sense for the client rather than fees that outweigh the dispute.
Contract Litigation Representation Across Wellington and South Florida
From Wellington itself and the neighboring communities of Royal Palm Beach, Loxahatchee Groves, and The Acreage, the firm represents business owners and property owners in contract disputes. Clients also come from West Palm Beach, Palm Beach Gardens, Jupiter, Lake Worth Beach, Greenacres, Boynton Beach, Delray Beach, and Boca Raton, along with communities throughout Palm Beach County such as Belle Glade and Riviera Beach.
The team also serves Broward County, including Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, Hollywood, and Davie. Many clients live in New York, New Jersey, or Connecticut and hold business or real estate interests in South Florida; the firm handles those matters from the first filing through resolution.
Speak With a Wellington Contract Litigation Attorney
When a contract is broken and the other side will not make it right, the next steps matter, and so do the deadlines. A Wellington contract litigation attorney at the Andrew M. Schwartz Legal Team can review your agreement, explain where you stand, and recommend whether negotiation, mediation, arbitration, or a lawsuit makes the most sense.
Call the Andrew M. Schwartz Legal Team to schedule a consultation about your contract dispute.
