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Boca Raton Business Litigation Attorneys > Deerfield Beach Breach of Contract Attorney

Deerfield Beach Breach of Contract Attorney

Deerfield Beach business owners, landlords, investors, and homebuyers who are weighing whether to sue over a broken agreement, or who have just been sued for allegedly breaking one, are making a decision with a clock attached. The Andrew M. Schwartz Legal Team handles breach of contract disputes, business and real estate litigation, and partnership conflicts for clients in Deerfield Beach and across Broward County and Palm Beach County. Our approach to a Deerfield Beach breach of contract attorney engagement starts with a plain question: what does the paper actually say, and what did the parties actually do?

A breach claim is rarely about one missed obligation in isolation. It is about whether a duty existed, whether it was material, whether the other side excused it by their own conduct, and what the loss actually was. A supplier who stops delivering, a buyer who walks away from a closing, a business partner who ignores a buyout clause, and a tenant who abandons a commercial lease all present different legal problems, even though each gets labeled “breach of contract.” Treating them the same is how claims get weakened before they are filed.

What Separates a Breach of Contract Claim From the Disputes People Confuse It With

Many of the calls we receive describe a contract problem that is really something else, or something more. A partner who drains company accounts has probably breached the operating agreement, but may also have breached fiduciary duties, which opens different remedies, including an accounting. A seller who lied about a property’s condition may have breached the purchase contract and also committed fraud, and the two carry different limitations periods. A contractor who did poor work might be liable in contract, in negligence, or both, and the deadline to sue can be dramatically shorter on the negligence side.

The difference matters because Florida assigns different filing deadlines to different theories. A claim founded on a written contract generally has five years. A claim on an oral or implied agreement has four. A fraud claim runs four years from discovery, subject to an outer cap of twelve years. An action for rescission has four years. A request for specific performance, where a court orders a party to complete a deal rather than pay damages, is subject to a one-year period. Negligence claims, which many people assume have the same long runway as contract claims, are now limited to two years for causes of action accruing after the 2023 amendments. A professional malpractice claim, even one framed as a contract claim, also carries two years from when the problem was or should have been discovered. Picking the wrong label, or waiting on the assumption that you have five years when you have one or two, can end a good case before it starts.

Specific performance deserves particular attention in a market like ours, where commercial real estate contracts are common and a property is often not replaceable with money. When a party refuses to close on a unique parcel, damages may not make the injured side whole, and a court can compel performance instead. That remedy is time sensitive and fact intensive, and it is one our team has pursued through trial in Broward County.

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 South Florida’s difficult business and real estate disputes, serving clients in Deerfield Beach, Boca Raton, West Palm Beach, Fort Lauderdale, and throughout Broward and Palm Beach Counties. Andrew M. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. Contract enforcement and interpretation have been at the center of his practice for his entire career, and he is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience in business and real estate cases in both state and federal courts.

After a five-day bench trial, a Broward County circuit judge issued a 32-page final judgment in May 2024 awarding the firm’s client specific performance of a commercial real estate contract. Cases like that turn on the exact words of the agreement and the history of how the parties dealt with each other, which is the level of detail we bring to every contract file.

The firm practices as a true legal team, so everyone working on a matter knows the file and can respond when a client calls. We keep a strict 24 hour return call policy when we are in court or otherwise unavailable, and we are experienced in mediation and arbitration as well as courtroom litigation. Many clients come to us wanting an aggressive lawyer; what most of them actually need is one who acts as the situation requires and looks for the resolution that fits their goals and budget rather than prolonging a case for its own sake. We also take referrals from other attorneys, including out of state counsel whose clients have Florida disputes, and we handle local court appearances for clients in New York, New Jersey, and Connecticut who hold business or real estate interests here.

Types of Contract Disputes We Handle for Deerfield Beach Clients

  • Operating, Partnership, and Shareholder Agreement Breaches: Co-owners who ignore buyout terms, exclude a member from management, or divert profits can trigger claims for breach, an accounting, and in some cases judicial dissolution. Florida’s LLC statute lists grounds such as deadlock with irreparable injury, misappropriation of assets, and an impracticable ability to operate under the governing documents.
  • Purchase and Sale Contract Failures: Failed closings on residential and commercial property are common in South Broward and North Palm Beach markets. Remedies can include damages, return of deposits, or specific performance, depending on what the contract provides and how quickly the claim is pursued.
  • Commercial Lease Disputes: Unpaid rent, early termination, build-out obligations, and personal guaranties are frequent sources of litigation between landlords and tenants operating along the Hillsboro Boulevard and Federal Highway corridors.
  • Construction and Contractor Contracts: Abandoned projects, change-order disagreements, and payment disputes between owners, contractors, and subcontractors often involve both written contract terms and the parties’ course of dealing.
  • Loan and Financing Agreements: Defaults, disputed payoff figures, and claims against guarantors require close reading of the loan documents and the lender’s own compliance with them.
  • Unpaid Distributions and Missing Company Funds: When a manager cannot account for money, claims for breach, breach of fiduciary duty, conversion, and recovery of funds may be paired with a request for emergency relief to stop assets from being moved.
  • Oral and Implied Agreement Claims: Handshake deals between friends, relatives, and business associates can be enforceable, but proof depends on emails, texts, payment records, and witness testimony, and the limitations period is shorter than for written agreements.
  • Family Business Agreements: Siblings, parents, and in-laws who share ownership often rely on informal understandings, which makes the documents that do exist, and the conduct around them, critical evidence.

What to Do in the First Weeks After a Breach

Start by gathering the complete agreement, every amendment, and the communications around performance. People tend to hand over only the signed contract, but the emails negotiating a delivery date, the text approving a change, or the invoice paid without objection can decide whether a breach occurred and whether it was waived. Preserve everything in its original form and stop deleting anything, including messages you find embarrassing. Then read the contract for provisions that control the fight itself: notice and cure periods, a required demand letter, mediation or arbitration clauses, a choice of venue, and any attorney fee provision. A missed notice requirement can undermine an otherwise sound claim, and an arbitration clause can mean your dispute never reaches a courtroom.

Next, calculate the deadline that applies to your theory of the case, using the periods described above, and do not assume five years governs everything. If the remedy you want is a court order compelling performance, treat the one-year window as the operating deadline. If assets are being moved or spent, raise that immediately, because injunctive relief is designed for exactly that situation and delay undercuts the argument that harm is urgent.

Where a case is filed depends largely on the amount at stake. Claims up to the county court ceiling, a figure that is adjusted periodically, are heard in county court, and smaller disputes can go to small claims. Larger claims belong in circuit court. For Deerfield Beach residents, that means the Seventeenth Judicial Circuit in Broward County, and civil matters are heard at the North Regional Courthouse in Deerfield Beach as well as the central courthouse in Fort Lauderdale. If the dispute involves a property or defendant in Palm Beach County, the Fifteenth Judicial Circuit is the venue. Large business disputes in Broward may be eligible for assignment to the circuit’s complex business division, which handles matters such as dissolutions of certain business entities and large business and construction cases. Federal court, in the Southern District of Florida, may be available when the parties are from different states, which can matter for clients with out of state counterparties.

Finally, resist the urge to negotiate in writing without guidance. Angry emails admitting partial fault, accepting a reduced payment in a way that implies settlement, or threatening claims you cannot support all become exhibits. Most contract disputes also resolve short of trial through negotiation, mediation, or arbitration, and a well-documented position going into those discussions improves the outcome considerably.

Frequently Asked Questions About Breach of Contract Claims in Deerfield Beach

What counts as a breach of contract in Florida?

A breach occurs when a party fails to perform a duty the agreement requires, without legal excuse. You generally need to show a valid contract, a material breach, and resulting damages. Not every deviation qualifies; a trivial departure may not support a claim, while a failure that defeats the purpose of the deal usually does.

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

Five years for a claim founded on a written instrument. Oral and implied contracts carry four years. These periods can be affected by when the claim accrued and by contract provisions, so the calculation should be confirmed against your specific facts before you rely on it.

Is a verbal agreement enforceable?

Often yes, though certain categories of agreement must be in writing to be enforced, and proving the terms of a spoken deal is much harder. Emails, texts, payment history, and witnesses fill the gap. Because the limitations period for oral agreements is four years, delay costs you more than it does on a written contract.

What remedies can a court award?

The usual remedy is money damages to put the injured party in the position performance would have created. Other remedies include rescission, specific performance for unique property or obligations, injunctions, and an accounting where money is unaccounted for. The right remedy depends on the loss and on what the contract allows.

Can I recover my attorney fees?

Only if the contract or a statute provides for it. Many commercial agreements include a prevailing party fee clause, which cuts both ways and should shape your decision to sue or defend. Check for that language before filing.

What is the difference between specific performance and damages?

Damages pay you for the loss; specific performance orders the other side to do what they promised. Courts reserve specific performance for situations where money is inadequate, most often unique real estate. Because that action carries a one-year limitations period, it demands faster action than an ordinary damages claim.

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

Generally the clause controls, and a court will usually send covered claims to arbitration. There can be limited exceptions, and emergency relief to preserve assets may sometimes be sought in court while arbitration proceeds. Reviewing the exact clause language matters.

The other side says I breached first. Does that end my claim?

Not necessarily. Whether an earlier breach excuses the other party depends on how serious it was, whether it was waived, and whether notice and cure rights applied. Competing breach arguments are common, and the sequence of events is usually what decides them.

I live in New York or New Jersey but my contract involves Deerfield Beach property. Can you handle it?

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

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

It depends on the amount, the strength of the documentation, and whether a fee provision applies. For smaller claims, a demand letter or small claims filing may be proportionate. A candid early assessment of cost against likely recovery is part of what we offer, since the goal is a result that makes financial sense rather than a case that outweighs its value.

How long does a contract case take in Broward or Palm Beach County?

It varies widely with the court track, the complexity, and whether the other side contests liability. Cases that settle at mediation can resolve in months; cases that proceed to a bench or jury trial take considerably longer. An emergency injunction request moves on a much faster timeline than the underlying case.

Serving Breach of Contract Clients Across Deerfield Beach and Broward County

We represent contract clients from Deerfield Beach and its neighboring Broward communities, including Pompano Beach, Lighthouse Point, Hillsboro Beach, Coconut Creek, Margate, Coral Springs, Parkland, Tamarac, Lauderhill, and Oakland Park, and on to Fort Lauderdale, Plantation, Sunrise, Davie, Weston, and Hollywood. To the north, we serve Palm Beach County clients in Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Wellington, Royal Palm Beach, West Palm Beach, Palm Beach Gardens, and Jupiter. Whether a dispute involves a Deerfield Beach storefront, a partnership with owners spread across the region, or a closing that collapsed on a Palm Beach County property, we handle matters across the Seventeenth and Fifteenth Judicial Circuits and in federal court when the case calls for it, along with clients in New York, New Jersey, and Connecticut who hold interests here.

Speak With a Deerfield Beach Breach of Contract Lawyer Before the Deadline Decides for You

If someone has broken an agreement with you, or you have been accused of breaking one, the strength of your position often depends on decisions made in the first few weeks. A Deerfield Beach breach of contract lawyer at the Andrew M. Schwartz Legal Team can review your agreement, identify the deadline that actually applies, and tell you candidly whether the claim justifies the cost of pursuing it. Call us to schedule a consultation, and we will respond within our 24 hour return call policy if we are in court when you reach out.

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