Coconut Creek Contract Litigation Attorney
The Andrew M. Schwartz Legal Team represents business owners, investors, landlords, tenants, and families in Coconut Creek and across Broward County and Palm Beach County when a signed agreement stops being honored. A Coconut Creek contract litigation attorney is often called in after a buyer walks away from a closing, a partner stops paying what an operating agreement requires, or a lease turns into a fight over who owes what. The firm also serves clients in Boca Raton, West Palm Beach, and Fort Lauderdale, and works with owners who live in New York, New Jersey, and Connecticut but hold business or real estate interests in South Florida.
Contract cases are won or lost on a handful of things: the exact words on the page, the paper trail of how the parties actually behaved, and whether the claim was filed before the clock ran out. That last point catches people off guard. A claim based on a written agreement generally has five years in Florida, but an oral or implied agreement has four, a fraud claim has four years from discovery, and a request for specific performance has only one. Waiting to see if the other side will come around can quietly shrink the options.
Coconut Creek sits between two judicial circuits’ worth of choices. Depending on where the defendant lives, where the property sits, and where the contract was performed, a case can belong in Broward County or Palm Beach County, and sometimes federal court. Deciding where to file is part of the strategy, not a formality.
What Counts as a Contract Dispute Worth Litigating
- Purchase and Sale Agreements: Failed closings on commercial or residential property, disputes over deposits, financing contingencies, and inspection periods, and cases where a buyer or seller wants the court to force the deal through. The firm recently obtained a final judgment awarding specific performance of a commercial real estate contract in Broward County after a five-day bench trial.
- Operating and Shareholder Agreements: Breaches of buyout terms, capital contribution duties, distribution rights, and management provisions among LLC members and shareholders, including disputes where one owner is shut out of decisions.
- Commercial Leases: Disputes over rent escalations, common area charges, personal guaranties, assignment and subletting, and early termination for retail, office, and industrial space in the Coconut Creek and Broward corridor.
- Loan Documents and Guaranties: Private lending disputes, promissory notes, default and acceleration clauses, and guarantors who say they never agreed to be personally liable.
- Construction Contracts: Payment disputes between owners, contractors, and subcontractors, change orders that were never documented, and claims over incomplete or defective work.
- Missing or Diverted Money: Unpaid distributions, commingled accounts, and managers who cannot explain where company funds went, which can support claims for an accounting, breach of fiduciary duty, and recovery of funds.
- Business Divorce Agreements: Contracts that were supposed to govern a partner’s exit, including deadlock sale provisions and valuation formulas that the parties now read differently.
Why Choose the Andrew M. Schwartz Legal Team for Contract Litigation
The Andrew M. Andrew M. He holds an undergraduate degree from Emory University and a law degree from the University of Miami, and contract enforcement and interpretation have been at the center of his practice for his entire career. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts.
The firm works as a true legal team, meaning everyone 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, and conference calls are scheduled at times that work for everyone. Clients often arrive thinking they want the most aggressive lawyer available. The firm’s view is that the better lawyer acts as the situation requires, uses finesse when finesse will do, and keeps legal fees in proportion to what is actually at stake.
That judgment matters in contract work. Some disputes are resolved by a firm demand letter or a mediation session. Others need a courtroom, and the attorneys are comfortable in both mediation and arbitration as well as trial. A significant part of the practice also comes from referrals by other attorneys, including out of state lawyers whose clients have disputes in Florida, which says something about how colleagues view the work.
What to Do Right Now if the Other Side Has Broken the Agreement
Start by pulling together the full contract, every amendment, and every email, text, invoice, and payment record that shows how the deal was actually carried out. Courts look at the written terms first, but the history of the parties’ dealings often decides close questions about what a vague clause meant or whether a breach was waived. Do not delete anything, and avoid writing angry messages to the other side that can be quoted back to you later.
Next, identify which deadline applies. A written contract claim has a five-year window under Florida law, an oral or implied agreement has four years, a rescission claim has four years, and a fraud claim runs four years from discovery, capped at twelve. A demand for specific performance, where you want the court to order the other party to perform rather than pay damages, must be brought within one year. If the dispute is over a failed real estate closing, that one-year clock is the one to watch most closely. Also check the contract itself for notice-and-cure provisions, mandatory mediation or arbitration clauses, venue selection, and attorney’s fee language, because any of these can control how and where the case proceeds.
Where the case is filed depends on the amount and the nature of the claim. County court hears civil claims in a middle range of amounts, and circuit court handles claims above that county court ceiling, which is adjusted periodically, along with injunction and equity matters. Broward County cases are heard in the Seventeenth Judicial Circuit, which also has a complex business division for larger commercial disputes. Palm Beach County cases are heard in the Fifteenth Judicial Circuit. Cases with parties from different states or federal claims may belong in the U.S. District Court for the Southern District of Florida, which sits in Fort Lauderdale and West Palm Beach among other locations.
If money or property is at risk of disappearing while the case is pending, say so at the first consultation. Emergency injunctive relief is available in appropriate cases to freeze the movement of assets or preserve real property, but it only works if it is requested quickly and supported by evidence.
Remedies a Court Can Actually Order
Most people think of contract cases as a fight over damages, and often they are. But Florida courts have other tools. A court can order specific performance when money is not an adequate substitute, which is common for unique real property. It can rescind an agreement tainted by fraud or mutual mistake. It can order an accounting when one party controlled the books and the other cannot tell what happened to the money. And it can enter temporary or permanent injunctions to stop conduct that would cause harm a later judgment could not repair.
Contract disputes between co-owners can also spill into other proceedings. When a business relationship is beyond repair, a member of an LLC may have grounds to seek judicial dissolution, for example where managers or members are deadlocked and irreparable injury is threatened, or where company assets are being misappropriated or wasted. Courts can appoint a receiver or custodian after a hearing, or order a buyout of the petitioning owner’s interest. For corporations, a shareholder-initiated dissolution case can prompt the corporation or the other shareholders to elect to buy the petitioner’s shares at fair value. Operating agreements and shareholder agreements that contain a deadlock sale provision may channel the dispute into that mechanism instead, which is why reading the governing document carefully comes first.
Joint ownership disputes that grow out of a contract can end in a partition action. Florida’s partition statutes allow a court to divide jointly owned land or, if division would prejudice the owners, order a sale and split the proceeds. Property inherited among relatives may fall under a separate set of protections for heirs property, which the court must apply when the statutory conditions are met.
Common Questions About Contract Litigation in Coconut Creek
How long do I have to sue for breach of a written contract in Florida?
Five years for a contract founded on a written instrument. Oral and implied contracts generally have four years. These periods run from when the cause of action accrues, which is usually the breach itself, so the clock may already be running even if you have not realized it.
What if the contract was only verbal or partly in writing?
Verbal agreements can be enforced, but proving the terms is harder. Emails, texts, invoices, payment patterns, and witness testimony become the evidence. Some agreements, such as certain real estate transactions, must be in writing to be enforceable, so a lawyer should look at what you actually have before deciding on a claim.
Can I force the other side to complete a real estate deal?
Possibly. Specific performance is an equitable remedy courts may order when a property is unique and money damages would not make you whole. The action has a one-year limit, so speed matters. The firm obtained this type of result after a bench trial in a commercial real estate case in Broward County.
Do I need to go to court, or can this be settled?
Many contract disputes resolve through negotiation, mediation, or arbitration, and some agreements require one of those steps before a lawsuit can be filed. The attorneys have experience in all of these as well as courtroom litigation, and they aim for the path most likely to serve your goals and budget.
My contract says disputes must go to arbitration. Does that end my options?
It changes the forum, not the importance of the claim. Arbitration clauses are generally enforced, and the details matter: who the arbitrator is, what rules apply, and whether certain claims such as emergency injunctions can still go to court. A review of the clause is the first step.
The other party signed a personal guaranty. Can I collect from them directly?
Often yes, if the guaranty is clear and the underlying obligation is in default. Guarantors raise defenses ranging from lack of notice to alteration of the underlying deal, so the guaranty language and the loan history both matter.
What if my business partner breached the operating agreement and is also taking money?
You may have contract claims alongside claims for breach of fiduciary duty, an accounting, and recovery of funds. In urgent situations a court can issue injunctive relief to stop assets from being moved or spent while the case is pending.
I live in New York or New Jersey but the contract involves Coconut Creek property. Do I have to travel?
Not for every hearing. The firm regularly represents clients from New York, New Jersey, and Connecticut with South Florida interests, handles the local court appearances, and keeps you updated at each stage.
How long does a contract case take in Broward or Palm Beach County?
It depends on the court, the complexity of the dispute, and whether it settles. Cases assigned to higher-complexity tracks or business divisions generally run longer, and a case that goes to a bench trial takes more time than one resolved at mediation. A lawyer can give a realistic estimate after reviewing the contract and the facts.
Is it worth hiring a lawyer for a smaller contract dispute?
Often it is, if only for a demand letter and a clear read on your options. Amounts at or below the small claims ceiling can sometimes be handled without extensive litigation. For larger disputes, early legal advice often prevents expensive mistakes, and many disagreements settle once the other side sees the claim is being taken seriously.
Can I recover my attorney’s fees if I win?
Only if the contract or a statute provides for it. Many commercial agreements include a prevailing-party fee clause, and those clauses can cut both ways, so it is important to know what yours says before filing.
Contract Litigation Representation Across Coconut Creek and South Florida
The firm represents clients in Coconut Creek and the neighboring Broward communities of Margate, Coral Springs, Tamarac, Parkland, Deerfield Beach, Pompano Beach, Lauderhill, Sunrise, Plantation, and Fort Lauderdale. Moving north into Palm Beach County, it also serves Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Wellington, Royal Palm Beach, West Palm Beach, and Palm Beach Gardens. Commercial tenants, property owners, LLC members, investors, and contractors throughout these areas come to the firm for contract disputes involving leases, purchase agreements, operating agreements, loan documents, and construction work. Clients from New York, New Jersey, and Connecticut who hold business or real estate interests in South Florida are also regular clients.
Speak With a Coconut Creek Contract Litigation Lawyer
If someone has breached an agreement you rely on, the right time to talk to a Coconut Creek contract litigation lawyer is before a deadline passes or an asset moves. The Andrew M. Schwartz Legal Team will review the contract, explain which claims and remedies fit, and recommend a path that matches your goals and budget. Call the firm to arrange a consultation.
