Broward County Contract Litigation Attorney

A contract goes wrong in a predictable way: a payment stops, a delivery never arrives, or a co-owner starts reading the agreement differently than everyone remembers signing it. For businesses and investors with deals tied to Fort Lauderdale, Hollywood, Plantation, or Deerfield Beach, the next move often decides whether the dispute is resolved in months or drags on for years. The Andrew M. Schwartz Legal Team handles business and real estate litigation for clients throughout Broward County and Palm Beach County, and a Broward County contract litigation attorney from our firm spends most of the early work reading documents, not filing them.

Contract cases tend to be won or lost on small things: a single defined term, a notice provision nobody followed, an amendment that was emailed but never signed, a course of dealing that quietly rewrote the deal. The lawsuit itself is usually the last stage of a process that began with a close read of the agreement and the paper trail around it.

How Broward Contract Disputes Usually Unfold

Most contract fights start long before anyone calls a lawyer. One side believes the other has breached, there is an exchange of letters or emails, and positions harden. The first useful step is often a demand letter that identifies the specific provisions at issue, the facts supporting breach, and what the other side must do to cure it. A well-drafted demand settles a surprising share of disputes, and even when it does not, it frames the case.

If the dispute proceeds, the case is filed in the Circuit Court of the Seventeenth Judicial Circuit, which sits in and for Broward County, or in county court when the amount in controversy falls within county court limits. Claims above the county court ceiling belong in circuit court. Smaller claims stay in county court, and the smallest fall under small claims. Which court you land in affects timeline, procedure, and cost, so the choice should be deliberate.

After the complaint and answer, the case moves into discovery: document requests, written questions, and depositions. In a contract case, discovery is where the real record gets built, including emails, text messages, invoices, drafts of the agreement, and the testimony of the people who negotiated it. Many cases resolve during or just after discovery, once both sides see how the documents read. Mediation is common at this stage, and cases that do not settle proceed to summary judgment motions and trial, which may be before a judge or a jury depending on the claims.

Why Choose the Andrew M. Schwartz Legal Team for Contract Disputes in Broward

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s difficult business and real estate disputes, with contract enforcement and interpretation at the center of the practice. Andrew M. 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 in business and real estate cases in both state and federal courts.

The firm practices as a true legal team, meaning everyone working on a matter knows the file and can answer when a client calls. There is a strict 24 hour return call policy when the attorneys are in court. Clients often arrive expecting to want the most aggressive lawyer available; what tends to serve them better is a lawyer who acts as the situation requires and uses finesse where finesse will do, with fees that make sense relative to what is at stake.

Recent results reflect the kind of work the firm does. After a 5-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. Specific performance, an order compelling the other side to actually close the deal rather than pay damages, is a demanding remedy that depends on tight proof and careful trial preparation. The firm is also experienced in mediation and arbitration, and a significant part of its practice comes from referrals by other attorneys, including out of state lawyers whose clients have Florida disputes.

Contract Disputes We Handle in Broward County

• Purchase and Sale Agreements: Disputes over failed closings, deposits, financing contingencies, and sellers or buyers who walk away from a signed commercial or residential real estate contract, including cases where the client wants the deal completed rather than money damages.
• Operating and Shareholder Agreements: Breaches of buyout terms, transfer restrictions, distribution rights, and management provisions among LLC members and shareholders, often tied to a business divorce.
• Commercial Leases: Landlord and tenant conflicts over rent obligations, build-out responsibilities, default and termination, personal guaranties, and disputes about common area charges.
• Loan Documents and Guaranties: Disputes between lenders, borrowers, and guarantors over default, acceleration, and the scope of a personal guaranty.
• Construction Contracts: Payment disputes, change orders, defective or incomplete work, and delay claims between owners, general contractors, and subcontractors on projects throughout South Florida.
• Unpaid Distributions and Missing Funds: Claims involving diverted company money, disputed capital contributions, commingled accounts, and partners who cannot account for funds, often paired with accounting and fiduciary duty claims.
• Services and Vendor Agreements: Disagreements over scope, performance, termination, and payment in ongoing commercial relationships between businesses.
• Family Business Agreements: Contract and ownership conflicts among siblings, parents and children, and in-laws who share a company, handled with the discretion those relationships call for.

What to Do Now if the Other Side Has Breached

Start by pulling together the complete contract, every amendment, and every communication about performance, including texts and informal emails. People routinely discover that the signed agreement is not the whole deal, so gather drafts and side correspondence as well. Do not delete anything, even material that looks unhelpful. Preserving records matters, and destroying them can create problems far worse than whatever they contain.

Deadlines matter more than most people expect. A claim founded on a written contract generally must be filed within five years under Florida law. A claim on an oral or implied contract has four years. An action to rescind a contract also carries four years, and a fraud claim runs four years from discovery, with an outer limit of twelve years. An action for specific performance carries only one year, which makes it the shortest of these and the one most likely to be lost through delay. If you want the other side to perform rather than pay, do not wait. The negligence period was cut to two years in 2023, but that change did not touch the written-contract period.

Read the agreement for dispute resolution clauses before filing anything. Many contracts require mediation or arbitration first, select a particular venue, or shift attorney fees to the losing party. A lawsuit filed in the wrong place or in disregard of a mandatory step can be dismissed or delayed. Also check for notice and cure provisions: if the contract requires written notice of default and a chance to fix it, skipping that step can undercut your own claim.

Be careful about what you say and do while the dispute is live. Continuing to accept performance, or acting inconsistently with your claim, can be used to argue you waived a breach. Avoid angry emails; they become exhibits. If money or property is at risk of disappearing, say so early, because courts can issue temporary injunctions to freeze the situation, and that relief depends on prompt action. When business entities are involved, the Seventeenth Judicial Circuit also maintains complex business divisions for larger commercial disputes, and a case can be filed directly into one under the circuit’s administrative order, which the filer requests at the time of filing.

If the dispute involves federal claims or parties from different states, the case may belong in the United States District Court for the Southern District of Florida, which holds court in Fort Lauderdale. Whether to pursue state or federal court is a strategic decision worth making before the complaint is filed, not after.

Remedies, Damages, and What Winning Looks Like

Money damages are the default remedy, but contract law offers more. Expectation damages aim to put you where you would have been had the contract been performed. Where the subject is unique, such as a particular parcel of real estate, a court may order specific performance instead. Rescission unwinds the deal. Injunctive relief can block conduct that would destroy value before the case ends. In disputes among co-owners, remedies can reach well beyond the contract itself, including an accounting, a buyout, or dissolution of the entity.

Whether you can recover attorney fees depends on the contract. Florida generally follows the American rule, so fees are not recoverable unless a contract provision or statute allows them. Many commercial agreements contain prevailing party fee clauses, and those cut both ways, which is why an honest early assessment of the merits matters. A case with a fee-shifting clause and a weak position is a risk, not a lever.

Enforcement is its own stage. A judgment is only as good as the ability to collect it. A Florida judgment can be enforced for twenty years, but collection depends on identifying assets and acting before they move. Part of evaluating any contract case is asking early whether the defendant can pay.

Common Questions About Contract Litigation in Broward County

How long do I have to sue for breach of a written contract in Florida?

Five years for a claim founded on a written instrument. Oral and implied contract claims have four years. The clock generally runs from the breach, so identifying exactly when the breach occurred is the first step in calculating your deadline.

Is a verbal agreement enforceable?

Often yes, but proving its terms is harder, and certain categories of agreements, including many real estate transactions, must be in writing to be enforceable. If an oral deal is involved, texts, emails, and the parties’ conduct become the evidence.

What if my contract has an arbitration clause?

Courts generally enforce arbitration clauses. If your agreement requires arbitration, the dispute proceeds before an arbitrator rather than a judge or jury, and the clause may dictate the rules, the venue, and how fees are handled. Our attorneys are experienced in arbitration as well as courtroom litigation.

Can I get the other side to complete the deal instead of paying me?

Sometimes. Specific performance is available when money damages are inadequate, which is common with real estate. The limitations period for it is one year, so it should be pursued promptly.

Which court will hear my Broward contract case?

That depends on the amount in controversy and the claims. Claims above the county court threshold go to the Circuit Court of the Seventeenth Judicial Circuit; mid-range claims go to county court; the smallest go to small claims. Federal court is possible when jurisdictional requirements are met.

What is a complex business division, and could my case belong there?

The Seventeenth Circuit created complex business divisions for matters such as large business and construction litigation and the dissolution of certain business entities. A qualifying case can be filed directly into one by following the circuit’s administrative order, and the clerk randomly assigns it to a division.

How long does a contract case take in Broward?

It varies widely with the court, the judge, the amount of discovery, and whether the case settles. Some resolve in months after a demand or mediation; others go through discovery and trial over a period of years. Early document review gives a realistic read on which path you are on.

Will I have to pay the other side’s attorney fees if I lose?

Only if a contract provision or statute shifts fees. Many commercial contracts include prevailing party clauses, so check yours before filing. An honest merits evaluation up front helps avoid an expensive surprise.

I live in New York or New Jersey. Can I pursue a Broward contract claim without constant travel?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with business or real estate interests in South Florida. We handle the local court appearances and keep you informed, so you do not need to travel for every hearing.

Does a contract dispute always end in a trial?

No. Many are resolved through negotiation, mediation, or arbitration. We look for the resolution that serves your goals and budget, and we prepare every case as if it could be tried, because that preparation is what produces good settlements.

My business partner is the one who breached. Does that change anything?

It can. Disputes between owners often layer fiduciary duty, accounting, and dissolution claims on top of the contract claim, and the operating or shareholder agreement may contain buyout or deadlock provisions that control the path forward. Florida law also provides judicial dissolution remedies for LLCs in circumstances such as deadlock, misappropriation of assets, or when carrying on the business under the agreement is not reasonably practicable.

Representing Contract Clients Across Broward County and Beyond

We represent clients throughout Broward County, from Fort Lauderdale and its surrounding neighborhoods to Hollywood, Hallandale Beach, Dania Beach, Pembroke Pines, Miramar, and Davie. To the north and west, we serve businesses and owners in Plantation, Sunrise, Weston, Coral Springs, Margate, Tamarac, Lauderhill, Pompano Beach, Coconut Creek, and Deerfield Beach. Broward cases are heard in courthouses in Fort Lauderdale, Deerfield Beach, Hollywood, and Plantation, and our work follows the dispute wherever the case is filed.

The firm also serves clients in neighboring Palm Beach County, including Boca Raton and West Palm Beach, and throughout South Florida. Many of our clients live elsewhere, including New York, New Jersey, and Connecticut, but hold business interests or real estate here. Whether the dispute involves a commercial lease in Fort Lauderdale, a purchase contract in Coral Springs, or an operating agreement among partners spread across several states, we handle the Florida proceedings from start to finish.

Speak With a Broward County Contract Litigation Attorney

If a contract has been breached, or you are being accused of breaching one, the sooner the agreement and the facts are reviewed, the more options you keep. Deadlines, notice requirements, and the risk of lost evidence all favor early action. The Andrew M. Schwartz Legal Team will read your documents, tell you honestly where you stand, and recommend the path most likely to serve your goals and budget. Call to schedule a consultation with a Broward County contract litigation attorney from our firm.