Boca Raton Contract Litigation Attorney
When a signed agreement is not being honored, the goal is usually simple to state and hard to reach: get the money owed, force the other side to perform, or get out from under an obligation that no longer makes sense. The Andrew M. Schwartz Legal Team is the group that helps business owners, investors, and families get there. Our firm handles business and real estate disputes for clients in Boca Raton, West Palm Beach, Fort Lauderdale, and throughout Palm Beach County and Broward County, and a Boca Raton contract litigation attorney on our team will read the agreement, the emails around it, and the history between the parties before telling you where you stand.
Contract cases are won and lost on details that clients often do not think to mention. A notice provision that was never followed, a payment practice that quietly changed over three years, a signature block that names the wrong entity: any of these can decide the outcome. We spend our early time on the document itself and on how the parties actually behaved under it, because that is what a judge or arbitrator will examine.
Contract Disputes We Litigate in South Florida
The agreements that end up in a dispute vary widely, and the way a case is built depends on which kind of contract is at the center of it. These are the categories that come to us most often:
- Purchase and Sale Agreements: Disagreements over the sale of a business or a commercial property, including failed closings, undisclosed liabilities, and a buyer or seller who walks away after the deal was signed. A recent trial result for our firm involved a commercial real estate contract in Broward County.
- Operating and Shareholder Agreements: Fights between LLC members or shareholders over distributions, management authority, buyout formulas, and what the governing document actually allows one owner to do without the others.
- Commercial Leases: Rent and common-area charge disputes, personal guaranty exposure, improvements promised and not delivered, and landlords and tenants who read the same renewal clause differently.
- Loan Documents and Guaranties: Defaults, acceleration, and claims against individuals who signed a guaranty believing the exposure was limited.
- Construction Contracts: Payment and performance disputes between owners, contractors, and subcontractors, often tangled up with change orders and delays that were handled by text message rather than in writing.
- Partner and Family Business Agreements: Agreements among siblings, spouses, or longtime friends who built a company on a handshake and a few pages of paper, and who now disagree about what was promised.
- Unpaid Distributions and Diverted Funds: Contract claims that overlap with accounting demands and breach of fiduciary duty, where the real question is where company money went.
Why Choose the Andrew M. Schwartz Legal Team for Contract Litigation
The Andrew M. We represent businesses, investors, and individuals in Palm Beach County, Broward County, and across South Florida, along with clients from New York, New Jersey, and Connecticut who have business or property interests here. When a deal has gone wrong, our approach is to read the paper carefully, understand the commercial relationship behind it, and choose the path that fits the client’s goals and budget rather than prolonging a case for its own sake.
Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience handling business and real estate cases in state and federal courts. We practice as a true team, which means everyone working on your matter knows the file and can speak to you when you call, and we keep a strict 24 hour return call policy if we are in court.
As proof of what this looks like in practice, our firm obtained a final judgment awarding specific performance of a commercial real estate contract after a 5-day bench trial in Broward County Circuit Court, a 32-page ruling issued in May 2024. Specific performance, an order requiring a party to carry out the deal rather than merely pay damages, is a demanding remedy, and it shows what careful preparation on contract language and trial evidence can accomplish. Our attorneys are also experienced in mediation and arbitration, so a dispute that can be resolved without a full trial gets that attention first.
What We Actually Do Once a Contract Dispute Reaches Us
Most of the useful work happens before a complaint is filed. We start by collecting the signed agreement, every amendment, and the correspondence that shows how the parties performed. Then we sort out the questions that drive everything else: Who are the right parties? Was notice given the way the contract requires? Is there an arbitration clause, a venue clause, or a fee-shifting provision? Does the agreement limit damages or require a cure period? A dispute that looks like a clean breach on the surface sometimes turns on a condition that was never satisfied, and finding that early changes both strategy and settlement value.
From there we decide what kind of relief the client actually needs. Sometimes the answer is damages. Sometimes it is an order compelling performance, a declaration of what the contract means, or rescission. When money or property is at risk of disappearing, we can seek emergency injunctive relief while the case is pending. We also look hard at the other side’s ability to pay, because a judgment is only worth what can be collected.
Many contract disputes have a fraud or fiduciary duty claim sitting right next to the breach claim, particularly when the other party is a partner or manager who controlled the books. We evaluate those claims alongside the contract count, since they can carry different deadlines and different remedies. And because contract fights between co-owners often end in a separation of the business, we are comfortable handling the buyout, valuation, or dissolution questions that follow.
Deadlines and Next Steps After a Breach
Start by gathering the paper: the signed contract, every amendment, invoices, payment records, and the emails and texts that show what each side said and did. Write down a timeline while memories are fresh, and do not delete anything, even messages that seem unhelpful. Then read the agreement for notice and cure requirements, because sending the wrong kind of notice, or failing to send one at all, is among the most common ways a good claim gets weakened. If the contract calls for mediation or arbitration before suit, that step comes first.
Timing matters. In Florida, an action on a written contract generally must be filed within five years, while a claim on an oral or implied contract has four years. A suit to rescind a contract carries four years, and a fraud claim runs four years from discovery, subject to an outer limit of 12 years. A claim for specific performance is subject to a one-year period, which is much shorter than most people expect, so a buyer or seller who wants to compel a closing should not wait. Professional malpractice claims, whether framed in contract or tort, have a two-year period measured from when the claim was or should have been discovered. Because the right deadline depends on how the claim is pleaded, it is worth having a lawyer map it out early.
The court that hears your case depends on the amount at stake. Claims above the county court ceiling are filed in circuit court, which is the Fifteenth Judicial Circuit for Palm Beach County and the Seventeenth Judicial Circuit for Broward County. Smaller claims go to county court, and the smallest to small claims. In Broward, larger business disputes can be directed to the Seventeenth Circuit’s complex business division through the filing procedure that court has established. Contract cases that involve parties from different states and enough money may also belong in the United States District Court for the Southern District of Florida, which sits in Fort Lauderdale and West Palm Beach. Our team handles the local appearances, so clients who live elsewhere do not have to travel for every hearing.
One mistake we see often is a client who confronts the other side in writing, in angry terms, before understanding the contract. Another is continuing to perform while quietly reserving no rights, which can later be argued as waiver. A short conversation with a Boca Raton contract dispute lawyer before sending that message can prevent both.
Common Questions About Contract Litigation in Boca Raton
How long do I have to sue for breach of a written contract in Florida?
The general limit is five years for an action founded on a written instrument. Oral and implied contract claims have a four-year period. Those periods can differ if the claim is really one for rescission, fraud, or specific performance, so the label on the claim matters.
What is the deadline for asking a court to force someone to perform a contract?
An action for specific performance carries a one-year period. That is much shorter than the written contract deadline, and it is one reason a failed real estate closing should be evaluated quickly rather than left to cool off.
Do I need a lawyer for a contract dispute, or can I handle a demand letter myself?
You can send a letter yourself, but the wording can affect your later claims, especially if the contract requires specific notice or a cure period. For anything involving significant money, a business relationship you want to preserve, or a possible lawsuit, having a lawyer review the contract first is usually worth it.
What is the difference between damages and specific performance?
Damages compensate you in money for the loss. Specific performance is a court order requiring the other party to do what the contract promised, which is most common where the subject is unique, such as a particular piece of real estate. Courts treat it as an equitable remedy and look closely at the facts.
My contract has an arbitration clause. Can I still go to court?
Often not for the covered claims. Courts generally enforce arbitration agreements, so the first question is whether your claim falls within the clause and whether the clause is valid. Our attorneys have experience in both arbitration and courtroom litigation, so we can advise on where your dispute belongs.
Can I sue if the contract was never signed or was only oral?
Possibly. Florida recognizes oral and implied contracts, with a four-year deadline, though proving the terms is harder without a writing. Certain agreements, such as those involving real estate, generally need to be in writing to be enforced, so the subject matter matters a great deal.
Which court will hear my case, and does it matter?
It matters for cost, speed, and procedure. Claims above the county court limit belong in circuit court, and a Boca Raton dispute is typically filed in the Fifteenth Circuit for Palm Beach County unless the contract or the defendant points to Broward’s Seventeenth Circuit. Venue clauses in the agreement can override the default.
What if the other side is a partner who has been taking company money?
You may have contract claims together with breach of fiduciary duty and a demand for an accounting. In urgent situations a court can issue an injunction to stop funds from being moved or spent while the case proceeds, so speed can matter.
Can a contract case be resolved without a trial?
Yes, and many are. Negotiation, mediation, and arbitration all resolve disputes without a trial, and we pursue whichever route is most likely to meet your goals efficiently. When a case does need to be tried, we prepare it as one that might.
I live in New York or New Jersey but the contract involves South Florida property or a South Florida partner. Can you help?
Yes. We regularly represent clients from New York, New Jersey, and Connecticut in South Florida disputes. We attend the local proceedings and keep you updated throughout, and we also work with referring attorneys who bring us matters in Florida.
Can I recover my attorney’s fees if I win a contract case?
Only if the contract or a statute provides for it. Many commercial agreements include a prevailing-party fee clause, and we check for one at the outset because it affects both the risk of bringing a claim and the leverage in settlement discussions.
Boca Raton Contract Litigation Representation Across Palm Beach and Broward Counties
Our work starts in Boca Raton and extends through the rest of Palm Beach County, including Delray Beach, Boynton Beach, Highland Beach, Lake Worth, Wellington, Royal Palm Beach, Jupiter, Palm Beach Gardens, and West Palm Beach. Those disputes are heard in the Fifteenth Judicial Circuit, whose main courthouse sits in West Palm Beach, with branch courthouses serving communities such as Delray Beach, Palm Beach Gardens, Royal Palm Beach, and Belle Glade.
We also represent clients across Broward County, from Deerfield Beach, Pompano Beach, and Coral Springs down through Fort Lauderdale, Plantation, Sunrise, Davie, Hollywood, and Pembroke Pines, where cases are heard in the Seventeenth Judicial Circuit. Business owners, investors, and families throughout South Florida come to us for contract disputes, and we serve clients from New York, New Jersey, and Connecticut who hold business or real estate interests in either county.
Talk With a Boca Raton Contract Litigation Lawyer Today
If a contract is being broken, ignored, or reinterpreted in a way that costs you money or control of your business or property, the sooner someone reads the agreement alongside you, the more options you tend to have. Speak with a Boca Raton contract litigation lawyer at the Andrew M. Schwartz Legal Team to talk through your agreement, your deadlines, and the realistic ways to resolve the dispute. Call us to schedule a consultation.
