Davie Breach of Contract Attorney

A breach of contract case filed in Broward County lives or dies on the paper trail: the signed agreement, the emails that followed it, the invoices, and the way the parties actually behaved once the deal started to sour. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and families in Davie and throughout Broward County and Palm Beach County, and contract disputes sit at the center of that work. If you are searching for a Davie breach of contract attorney, you are probably asking one of a few direct questions: Did the other side actually breach? What can I recover? How long do I have to file?

Davie is a town where small and mid-sized businesses, equestrian and agricultural property owners, medical and professional practices, and commercial landlords all make deals that depend on signed paper. When one side stops performing, the dispute usually comes down to the exact wording of the agreement and what each party did in reliance on it.

The sections below cover what counts as a breach, which claims run on which clock, which court hears your case, and what to do in the first days after a deal goes wrong.

Why Choose the Andrew M. Schwartz Legal Team for a Contract Dispute

The Andrew M. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation, with a career built around complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders. He earned his undergraduate degree at Emory University in 1986 and his law degree at 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.

Contract enforcement is not a side line for this firm. Purchase agreements, operating agreements, shareholder agreements, commercial leases, loan documents, and construction contracts make up the core of the caseload. These cases tend to turn on precise language and the history of the parties’ dealings, and the firm prepares each one with that level of detail.

The firm also has a recent result worth noting for anyone whose contract involves real property. After a five-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. No attorney can promise an outcome, but that case reflects the kind of record-heavy contract litigation the firm tries.

The firm practices as a true legal team, so everyone working on your matter knows the file. 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. The attorneys are experienced in mediation and arbitration as well as courtroom litigation, and they aim 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 Davie Businesses and Owners

• Purchase and Sale Agreements: Failed closings on commercial or residential property, buyers or sellers who walk away, and disputes over deposits, financing contingencies, and inspection terms. Where money damages will not fix the problem, a court can be asked to order the sale to go forward.
• Operating and Shareholder Agreements: Owners who ignore buyout formulas, distribution rules, or voting provisions. These cases often overlap with fiduciary duty claims and, when the relationship is beyond repair, with judicial dissolution.
• Commercial Leases: Unpaid rent, abandoned premises, disputes over build-out obligations, common area charges, and personal guaranties signed by business owners.
• Loan and Financing Documents: Defaults, disputed payoff amounts, guaranty enforcement, and disagreements over what a promissory note or loan agreement actually requires.
• Construction and Contractor Agreements: Unfinished work, defective work, change-order fights, and payment disputes between owners, general contractors, and subcontractors.
• Unpaid Distributions and Missing Funds: A partner or manager who cannot account for company money, diverted funds, commingled accounts, or disputed capital contributions. These cases can support claims for an accounting and recovery of funds.
• Family Business Agreements: Siblings, parents and children, or in-laws who co-own a company and disagree over compensation, control, or what a buy-sell arrangement requires. These disputes call for discretion alongside firm protection of your financial position.

What to Do in the First Days After a Breach

Start by pulling together every document that touches the deal: the signed agreement and any amendments, side letters, purchase orders, invoices, payment records, and the email and text threads around performance and the breakdown. Courts read the contract first, but how the parties behaved often decides the close calls. Do not delete anything, and do not alter or “clean up” files.

Read the agreement for the clauses that control the fight: notice and cure requirements, a dispute resolution clause, an arbitration or mediation requirement, a choice of venue, an attorney’s fees provision, and any limit on damages. Missing a required notice can hurt a claim that is otherwise strong. If you plan to send a demand letter, have an attorney review it first, because what you say in writing can be used later.

Watch the filing deadline. Florida allows five years to sue on a contract founded on a written instrument, and four years for contract claims not founded on a written instrument, such as oral or implied agreements. Other claims run on shorter clocks. A specific performance action has a one-year period, and a negligence claim has two years. Do not let a long contract period lull you into waiting if your remedy is something other than money damages.

Where the case is filed depends on the amount in dispute. County court hears claims up to a statutory ceiling, small claims covers the lowest tier, and circuit court hears larger claims. For Davie, that means the Seventeenth Judicial Circuit in and for Broward County. Broward also has a complex business division within its civil system that handles large business and construction litigation, and the federal Southern District of Florida sits in Fort Lauderdale if the case belongs there. Your attorney can tell you which forum fits.

If money is being moved, spent, or hidden while you wait, say so early. Courts can issue temporary and emergency injunctions to preserve assets and property while a dispute is pending, and the firm regularly seeks that relief when delay would defeat the remedy.

How Florida Courts Measure a Breach and Its Remedies

A contract claim generally requires a valid agreement, a material breach by the other side, and resulting damages. Not every missed term qualifies. A minor deviation may support a damages claim without excusing your own performance, while a material breach can let you stop performing and sue. Getting that distinction wrong, by walking away from your own obligations too early, is one of the most common ways a good claim gets complicated by a counterclaim.

Money damages are the usual remedy, aimed at putting you where you would have been had the contract been performed. Some agreements add liquidated damages clauses, interest provisions, or attorney’s fees to the prevailing party. Check yours, because a fee clause changes the economics of both pursuing and defending a claim.

When a contract involves unique property, such as a specific parcel of real estate, money may not be an adequate substitute, and a court can order the other side to perform. That remedy depends on prompt action given its one-year limitations period, and it was the remedy awarded in the firm’s recent commercial real estate trial. Rescission, which unwinds a contract, carries its own four-year period, and fraud claims run four years from discovery, with an outside limit of twelve years.

Many disputes never reach a verdict. Mediation and arbitration are common, sometimes because the contract requires them, and the attorneys here handle both along with trial work.

Frequently Asked Questions About Breach of Contract in Davie

What counts as a breach of contract in Florida?

A breach occurs when a party fails to perform something the agreement requires, without a legal excuse. It can be a missed payment, late or defective performance, or a refusal to perform at all. Whether it is material, meaning serious enough to justify ending the deal, depends on the terms and the facts.

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

Five years under Florida law for a contract founded on a written instrument. Contract claims not founded on a written instrument, such as oral or implied agreements, have four years. The clock generally runs from the breach, so it pays to identify that date early.

Do oral agreements count?

Many do, and Florida allows suit on them within the four-year period. The difficulty is proof. Emails, texts, payment history, and witnesses become the contract, so gather them now. Certain agreements, such as those involving real property, generally need to be in writing to be enforced.

Can I get the other side to actually perform instead of paying me?

Sometimes. Specific performance is an equitable remedy most often used for real estate, where each parcel is unique. It has a one-year limitations period, so delay can cost you the remedy.

Which court will hear my case?

For a Davie dispute, state court is in Broward County, within the Seventeenth Judicial Circuit. Claims up to the county court ceiling go there, small claims handles the smallest disputes, and larger claims go to circuit court. Some cases belong in federal court in the Southern District of Florida.

My contract has an arbitration clause. Do I still get to go to court?

Often not for the merits. Arbitration clauses are generally enforced, and a court may send the dispute to arbitration. How the clause is worded, and who has already acted under it, matters, so have it reviewed before you file anything.

Can I recover attorney’s fees?

Only if the contract or a statute provides for them. Many commercial agreements include a prevailing-party fee clause, which can work for or against you. Check your agreement before sending a demand or filing suit.

What if the breach involved a partner taking money from our company?

That can support claims beyond breach of contract, including breach of fiduciary duty, an accounting, and recovery of the funds. When assets are at risk, the firm can seek emergency injunctive relief to stop them from being moved or spent while the case proceeds.

I live in New York or New Jersey but my contract partner is in Davie. Can you handle it?

Yes. The firm regularly represents clients from New York, New Jersey, and Connecticut with business or real estate interests in South Florida, handles the local court appearances, and keeps you informed so you are not traveling for every hearing.

Is it worth hiring a lawyer for a smaller contract dispute?

Often a short consultation is. A lawyer can tell you whether the claim is strong, whether a demand letter might resolve it, and whether the cost of litigation makes sense against the amount at stake. The firm looks for outcomes that fit the client’s goals and budget.

Does every contract dispute end up in a courtroom?

No. Many resolve through negotiation, mediation, or arbitration. The strongest settlement position usually comes from preparing the case as though it will be tried.

Serving Contract Dispute Clients Across Davie and Broward County

The firm represents clients in Davie and throughout Broward County, from Fort Lauderdale and Plantation to Sunrise, Weston, Cooper City, Southwest Ranches, Pembroke Pines, Miramar, and Hollywood. We also work with clients in Dania Beach, Hallandale Beach, Lauderhill, Lauderdale Lakes, Tamarac, Coral Springs, Parkland, Deerfield Beach, and Pompano Beach.

Our reach continues north into Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Wellington, and West Palm Beach, and across South Florida generally. Whether the contract was signed in a Davie office park, a Fort Lauderdale high-rise, or by partners who now live in another state, the firm brings the same record-focused approach to the case.

Talk With a Davie Breach of Contract Lawyer About Your Dispute

If someone has failed to honor an agreement and the deadline clock is running, speak with a Davie breach of contract lawyer at the Andrew M. Schwartz Legal Team while the documents are fresh and your options are still open. Call to schedule a consultation. The team will review the agreement, explain where you stand, and lay out a path that fits your goals and your budget.