Dania Beach Breach of Contract Attorney
Dania Beach business owners, landlords, contractors, investors, and marine and aviation-adjacent vendors often find out a contract has gone wrong the same way: a payment stops, a delivery never arrives, or the other side starts reading a clause in a way you never agreed to. At that point you have a decision to make about whether to negotiate, send a demand, or file suit. The Andrew M. Schwartz Legal Team handles business and real estate litigation for clients in Dania Beach, Broward County, Palm Beach County, and across South Florida, and a Dania Beach breach of contract attorney from our firm can help you sort out which path fits your situation.
Not every broken promise is a lawsuit worth bringing, and not every breach looks the way people expect. A missed payment is a breach, but so is a late delivery that wrecks your schedule, a partner who ignores the operating agreement, or a buyer who walks away from a closing. What separates a strong claim from a weak one usually comes down to the exact wording of the agreement, what the parties did in practice, and how quickly you act.
Why Choose the Andrew M. Schwartz Legal Team for a Contract Dispute
The Andrew M. Schwartz Legal Team represents business owners, investors, and families in some of South Florida’s most contested business and real estate disputes, serving clients in Dania Beach, Fort Lauderdale, Boca Raton, West Palm Beach, and throughout Broward County and Palm Beach County. Clients from New York, New Jersey, and Connecticut with business or real estate interests in South Florida also rely on us, and we handle the local court appearances so they do not have to travel for every hearing.
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 in business and real estate cases in both state and federal courts. The firm works as a true legal team, so everyone on your matter knows the file, and we keep a strict 24 hour return call policy.
Contract cases often turn on small details, and results depend on the facts. One example of what careful preparation can produce: after a 5-day bench trial, a Broward County circuit judge entered a 32-page final judgment awarding our client specific performance of a commercial real estate contract. We are also experienced in mediation and arbitration, and we look for the resolution that fits your goals and budget rather than stretching a case out for its own sake. A meaningful share of our work comes from referrals by other attorneys, which tells you something about how the firm is regarded in the bar.
Contract Disputes We Handle for Dania Beach Clients
- Commercial Lease Disputes: Unpaid rent, disputed common-area charges, early termination, and personal guaranty fights are common where retail, warehouse, and service tenants share space along the busy corridors near Dania Beach.
- Purchase and Sale Agreement Breaches: A buyer who refuses to close or a seller who backs out can leave the other side with real losses, and in the right case the remedy is a court order compelling the sale to go forward.
- Operating and Shareholder Agreement Violations: Partners and members who ignore buyout terms, distribution rules, or management provisions can be held to the agreement they signed.
- Construction and Contractor Contracts: Unfinished work, defective work, change-order fights, and unpaid draws come up often in a market with steady renovation and development activity.
- Loan and Financing Documents: Default, acceleration, and disputes over what a borrower or guarantor actually owes depend heavily on the precise terms of the note and related documents.
- Vendor and Supply Agreements: Non-delivery, nonconforming goods, and unpaid invoices between businesses are some of the most frequent contract claims, and the paper trail of purchase orders and emails matters a great deal.
- Missing or Diverted Funds: When a partner or manager cannot account for company money, a contract claim may sit alongside claims for an accounting and breach of fiduciary duty.
- Family and Closely Held Business Agreements: Siblings, spouses, and old friends who went into business on thin paperwork often discover how much depends on what was actually written down.
Deadlines and First Moves After a Breach
Florida sets firm time limits on contract claims, and they are shorter than many people assume. A lawsuit based on a written contract must be filed within five years. A claim on an oral or implied agreement gets four years. Those are different clocks, so figuring out whether your deal was truly in writing matters early. Other related claims run on their own schedules: an action to rescind a contract has four years, a fraud claim generally has four years from discovery with an outer limit of twelve, and an action asking a court to compel performance of a contract carries a one-year period. If your dispute also involves a professional’s work, a separate two-year period from discovery can apply to malpractice claims, whether framed in contract or tort. Waiting to see how things shake out is how people lose otherwise good claims.
Start by pulling together everything that shows what was agreed and what happened: the signed contract and any amendments, emails and text messages, invoices, payment records, change orders, and notes of phone calls. Do not delete anything, even material that seems unhelpful. Then read the contract for the clauses that control the fight, including notice and cure provisions, attorney’s fee language, dispute resolution requirements such as mandatory mediation or arbitration, and any venue or choice-of-law clause. Missing a required notice step is a common way for a valid claim to get tangled up.
Be careful about what you say to the other side. A frustrated email accusing them of fraud, or an offhand admission that you also missed a deadline, can surface later. It is usually wiser to have counsel send a measured demand that states the breach, the amount or remedy sought, and a reasonable deadline to respond. Do not stop performing your own obligations without advice, since an overreaction can turn you from the injured party into the breaching one.
Which Court Hears Your Case
Where a contract case is filed depends mostly on how much is at stake. Florida county courts hear cases up to a set dollar limit, small claims cover the smallest disputes, and circuit courts take the larger cases. That county court ceiling is adjusted periodically, so confirm the current figure before choosing a forum. Disputes that are mainly about equitable relief, such as specific performance or injunctions, belong in circuit court regardless.
For a Dania Beach dispute, the usual home is the Seventeenth Judicial Circuit, which sits in and for Broward County. Broward’s civil cases are heard at the Central Judicial Complex in Fort Lauderdale and at regional courthouses in Hollywood, Deerfield Beach, and Plantation. Larger business disputes may qualify for Broward’s complex business litigation division, which handles matters such as dissolution of certain business entities and large business and construction cases, though a case reaches that division only through the process set by the circuit’s administrative order. If the other side lives or operates in Palm Beach County, the Fifteenth Judicial Circuit may be the proper venue instead. Disputes with parties from different states and enough money at issue can also land in the U.S. District Court for the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach.
Many contracts send disputes to arbitration or require mediation first. Where they do, the court case may be paused or never filed at all. We have experience in both mediation and arbitration and in the courtroom, so we can evaluate which forum helps your position.
Remedies, Emergency Relief, and When a Contract Fight Is Really Something Else
Money damages are the default remedy for breach, meaning the court tries to put you where you would have been had the contract been performed. But damages are not always enough. When the subject is unique, as with a particular piece of real estate, a court can order specific performance and require the breaching party to honor the deal. When assets are at risk of being moved or spent while the case is pending, we can seek temporary or emergency injunctive relief to hold things in place.
It also helps to recognize when a contract claim is only part of the picture. If a partner took company money, you may have fiduciary duty and accounting claims. If co-owners are deadlocked, Florida’s LLC and corporate statutes allow judicial dissolution on specific grounds, including deadlock that threatens irreparable injury, misappropriation of assets, and situations where it is no longer reasonably practicable to run the company under its governing documents. Some operating agreements contain deadlock sale provisions that can displace a court-ordered dissolution if triggered in time. If the dispute is about who owns or can sell a property, partition and quiet title actions may be the right tools. Sorting these out early keeps you from filing the wrong claim.
Dania Beach Breach of Contract Questions Answered
What counts as a breach of contract in Florida?
A breach occurs when a party fails to perform a duty the contract requires, without a legal excuse. It can be total, such as refusing to perform at all, or partial, such as late or defective performance. To recover, you generally need to show a valid contract, a breach, and damages that resulted from it.
How long do I have to sue for breach of a written contract?
Five years under Florida law. That is the period for claims founded on a written instrument. Oral and implied contracts get four years, so the nature of the agreement matters.
Does an oral agreement count?
Often yes, but it is harder to prove. Emails, texts, partial payments, and the parties’ conduct can all support the terms. Certain agreements must be in writing to be enforceable, so it is worth reviewing the specific deal.
Can I recover my attorney’s fees?
Only if the contract or a statute allows it. Many commercial contracts include a prevailing-party fee clause, which can cut both ways, so it is worth reading before you file or defend.
What is specific performance, and when is it available?
It is a court order requiring a party to carry out the contract rather than pay damages. It is most common in real estate deals, where each property is considered unique. The time limit for this kind of action is shorter than for ordinary contract claims, so do not wait.
What if my contract requires arbitration or mediation?
Courts generally enforce those clauses. You may need to follow the required process before, or instead of, going to court. We review the dispute resolution language early so you do not file in the wrong place.
Can I sue if the other side breached but I also made a mistake?
Possibly. Your own breach can reduce or defeat recovery, depending on how serious it was and what the contract says about notice and cure. It is better to discuss it candidly with counsel than to assume it ends your claim.
The business that owes me money is out of state. Can I still sue in Broward County?
It depends on the contract’s venue clause, where the contract was performed, and whether the court can reach the defendant. Some disputes belong in Florida state court, others in federal court, and some must follow the venue the parties chose.
Is it worth hiring a lawyer for a smaller contract dispute?
Often it is worth at least a consultation. A well-written demand letter resolves many disputes without a lawsuit, and a lawyer can tell you whether the cost of pursuing the claim makes sense compared with what you could recover.
How long does a contract case take in Broward County?
It varies widely. Cases that settle after a demand or mediation can resolve in weeks or months, while cases that go through discovery and trial take considerably longer. The complexity of the documents, the number of parties, and the court’s calendar all play a role.
Do I need to keep performing my side while we fight?
Usually you should, unless you have been advised that the breach excuses you. Stopping performance on your own can give the other side a counterclaim, so get advice before changing course.
Can a contract dispute with a business partner lead to dissolution of the company?
It can. Florida law allows a court to dissolve an LLC or corporation on defined grounds, and it can also order a buyout of the petitioning owner’s interest in some circumstances. Your operating or shareholder agreement may also contain its own buyout or deadlock provisions.
Serving Dania Beach and Broward County Contract Clients
We represent clients in Dania Beach and the surrounding Broward County communities, including Hollywood, Hallandale Beach, Fort Lauderdale, Davie, Pembroke Pines, Miramar, Plantation, Sunrise, Lauderhill, Oakland Park, Pompano Beach, Deerfield Beach, Coral Springs, and Weston. Our work also reaches north into Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Wellington, West Palm Beach, and Palm Beach Gardens, where many of our business and real estate matters arise.
Whether the contract involves a lease for a commercial unit, a construction agreement, a business sale, or a partnership arrangement, we handle disputes for local owners and for clients in New York, New Jersey, and Connecticut who hold business or real estate interests in South Florida.
Talk With a Dania Beach Breach of Contract Lawyer Today
If someone has broken a contract with you, or you are being accused of breaking one, the sooner a Dania Beach breach of contract lawyer reads the agreement and the surrounding paperwork, the more options you will have. The Andrew M. Schwartz Legal Team can evaluate your claim or defense, explain the deadlines that apply, and recommend whether to negotiate, mediate, arbitrate, or litigate. Call us to schedule a consultation and we will tell you plainly where you stand.