Margate Contract Litigation Attorney
A contract dispute that starts in Margate is almost always decided in Broward County, where claims above the county court ceiling go to the circuit court of the Seventeenth Judicial Circuit and where larger business disputes can be routed into a complex business division. The Margate contract litigation attorney you hire should know how that system sorts cases, because the forum, the judge assignment, and the pace of the case all follow from decisions made in the first weeks. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and families in Margate and across Broward County and Palm Beach County.
Most contract fights do not begin as lawsuits. They begin with a missed payment, a delivery that never arrived, a partner who reads an operating agreement differently than you do, or a closing that falls apart a week before the date. By the time someone calls a lawyer, there is usually a stack of emails, a signed agreement with a clause nobody remembered, and a deadline that may already be running. The decisions you make in that window, about what to say to the other side, what to preserve, and whether to sue now or negotiate first, often matter more than anything that happens later in court.
Why Choose the Andrew M. Schwartz Legal Team for Contract Disputes in Margate
The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida business and real estate disputes, with clients throughout Broward County, Palm Beach County, and the tri-state area who hold interests in South Florida. Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and was admitted to The Florida Bar in 1989. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. Contract enforcement and interpretation have been at the center of his practice for his entire career, including purchase agreements, operating agreements, shareholder agreements, commercial leases, loan documents, and construction contracts.
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 handling your matter knows the file, and a strict 24 hour return call policy applies when the attorneys are in court. The firm is experienced in mediation and arbitration as well as courtroom litigation, and it looks for the resolution that fits a client’s goals and budget rather than stretching a case out.
The results reflect that focus. After a 5-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment in May 2024 awarding the firm’s client specific performance of a commercial real estate contract. That outcome came from close attention to the contract’s wording and the parties’ course of dealing, which is the same work every contract case requires. A significant share of the firm’s practice also comes from referrals by other attorneys, including out of state counsel whose clients have disputes in Florida.
Types of Contract Disputes We Handle for Margate Businesses and Owners
- Purchase and Sale Agreements: Disputes over failed closings, deposits, financing contingencies, and seller or buyer defaults on commercial and residential property. Remedies can include damages or, in the right case, a court order requiring the deal to be completed.
- Operating and Shareholder Agreements: Conflicts over buyout formulas, transfer restrictions, management authority, distributions, and deadlock provisions among LLC members and shareholders.
- Commercial Leases: Disagreements between landlords and business tenants over rent, build-out obligations, personal guaranties, defaults, and early termination, common in Margate’s strip centers and neighboring commercial corridors.
- Loan Documents and Guaranties: Claims involving promissory notes, defaults, acceleration, and personal guaranty exposure when a business loan goes bad.
- Construction Contracts: Payment disputes, change orders, incomplete work, and delay claims between owners, general contractors, and subcontractors.
- Unpaid Distributions and Missing Funds: Cases where company money was diverted, capital contributions are disputed, or a manager cannot account for funds, sometimes paired with claims for an accounting and breach of fiduciary duty.
- Partnership and Family Business Agreements: Handshake deals and informal arrangements among siblings, spouses, or longtime friends that were never put in writing or were papered poorly.
- Injunctive Relief Tied to a Contract: Emergency requests to stop a party from moving assets, violating restrictive terms, or disposing of property while the contract claim is pending.
What to Do in the First Weeks of a Contract Dispute
Start by getting the documents in one place: the signed agreement and every amendment, the emails and texts around the performance problem, invoices, payment records, and any notice letters. Do not delete anything, even messages that look unhelpful. Courts expect preserved records, and a gap in them can hurt you more than an awkward message would.
Next, read the contract for the clauses that control the fight, not just the ones that describe the deal. Look for notice and cure requirements, which often say you must give written notice and a set period to fix a breach before you can sue. Look for attorney’s fee provisions, a venue or forum clause, an arbitration or mediation requirement, and a limit on damages. Sending a demand that ignores a notice clause, or filing suit when the agreement requires arbitration first, creates problems that are avoidable.
Then watch the clock. In Florida, a claim founded on a written contract generally has a five-year limitations period, while an oral or implied contract claim has four years. An action to rescind a contract has four years, a fraud claim has four years from discovery with an outer limit of twelve years, and an action for specific performance has a one-year period. That last one catches people off guard: if you want a court to order the other side to perform, such as closing on property, you cannot wait years to decide. Negligence claims run two years for causes of action that accrued after the 2023 amendments, and professional malpractice claims run two years from when the problem was or should have been discovered. Which clock applies depends on how the claim is pleaded, so identify it early.
Choosing the court is a real decision. Since the 2023 changes, Florida county courts hear civil disputes up to $50,000 and circuit courts hear anything above that, with small claims handling the lowest tier. A Margate dispute is filed in Broward County, and a larger business case can be directed to the Seventeenth Circuit’s complex business division through its filing procedure. If the parties are from different states and the amount in controversy is large enough, the Southern District of Florida, which sits in Fort Lauderdale and West Palm Beach, may be an option, though that depends on facts such as citizenship. If a contract dispute involves a business partner outside Florida, the firm handles the local appearances so you do not have to travel for each hearing.
Finally, think about leverage before you act. Sometimes a well-drafted demand letter resolves the matter. Sometimes the right first move is an injunction motion, because money or property is about to disappear. The common mistakes are waiting while the other side keeps performing badly, making oral admissions in a heated phone call, accepting partial payment without understanding what it does to your position, and signing a settlement draft that releases more than intended. A short conversation with counsel before you respond to the other side usually costs far less than fixing those errors afterward.
How Courts Read Contracts and What That Means for Your Claim
Contract cases are usually won on specifics. A court starts with the written words, and where the words are clear, the court enforces them as written, even if one side now regrets the bargain. Where the language is ambiguous, evidence of the parties’ dealings, prior drafts, and course of performance can matter. That is why the first conversation with a lawyer should include the whole file, not a summary of what you remember agreeing to.
Remedies deserve equal attention. Money damages are the default, but they are not always adequate, especially where the subject is unique real estate or a closely held business interest. Specific performance asks the court to compel the promised act, and an injunction can freeze conduct while the case proceeds. Where fees are recoverable under the contract, the cost of litigating becomes part of the risk analysis for both sides, which often shapes settlement talks.
Contract disputes also overlap with other claims. A broken operating agreement may support claims for breach of fiduciary duty or an accounting. In some situations, when owners are deadlocked or company assets are being wasted or misappropriated, Florida’s LLC and corporation statutes allow a court to consider dissolution, appoint a receiver or custodian, or order a buyout of one owner’s interest, and a deadlock sale provision in the agreement may control instead. Recognizing which of those paths fits your facts is part of building the case correctly from the start.
Margate Contract Litigation Questions, Answered
How long do I have to sue for breach of a written contract in Florida?
Five years in most cases when the claim is founded on a written instrument. If the contract was oral or implied, the period is four years. Specific performance carries a shorter one-year period, so that remedy needs prompt attention.
Do I need a lawyer before sending a demand letter?
You are not required to have one, but the letter can affect your rights. Many contracts require specific notice and a cure period, and a poorly worded demand can concede facts or skip a required step. Having counsel review it first is usually inexpensive insurance.
What is the difference between damages and specific performance?
Damages compensate you with money for the loss. Specific performance is a court order requiring the other party to do what the contract promised, which is often sought when real estate or a unique asset is involved. It is not available in every case and has its own timing constraints.
Which court will hear my dispute if the other party is in Margate?
Disputes up to the county court limit go to Broward County’s county civil court, and larger claims go to the Seventeenth Judicial Circuit’s circuit civil division. Some large business disputes can be placed in the complex business division through the circuit’s filing procedure.
Can I recover my attorney’s fees?
Only if a contract provision or a statute provides for it. Many commercial agreements include a prevailing party fee clause, and those clauses cut both ways, so they should be weighed before filing.
What if my contract requires arbitration or mediation?
Those clauses are generally enforced, and filing in court without following them can lead to delay or dismissal of the suit. Our attorneys are experienced in mediation and arbitration as well as litigation, and they can tell you whether the clause applies to your claim.
The other side has stopped performing but is still occupying my property or holding my money. Can a court act quickly?
In some situations, yes. Temporary and permanent injunctions, including early and emergency relief, can be sought to keep assets or property from being moved or spent while the case is pending. The showing required is demanding, so the facts and documents need to be in order.
I never signed a written contract. Do I still have a claim?
Possibly. Florida recognizes oral and implied agreements, and the four-year period applies. Those cases depend heavily on emails, payment history, and witness accounts, which makes early document gathering especially important.
My business partner is also a family member. Does that change how you handle the case?
The law is the same, but the approach is not. These cases carry personal weight, so we handle them with discretion while still protecting your financial interests, and we look at whether a negotiated resolution can preserve the relationship or the business.
Does every contract dispute end in a trial?
No. Many resolve through negotiation, mediation, or arbitration. Trial is a real option, and the firm has tried contract cases to judgment, but the goal is the outcome that serves your objectives and budget.
I live in New York, New Jersey, or Connecticut. Can you handle a Florida contract case for me?
Yes. We regularly represent clients from those states who have business or real estate interests in South Florida. We handle the Florida court proceedings and keep you informed so you can protect your interests without traveling for every hearing.
Can another attorney refer a Florida contract matter to your firm?
Yes. A significant part of the practice comes from referrals by other lawyers, and the firm communicates with referring counsel throughout the matter and respects the relationship that attorney has with the client.
Contract Litigation Representation Across Margate and South Florida
Our work starts in Margate and extends through the surrounding Broward County communities, including Coconut Creek, Coral Springs, Tamarac, Pompano Beach, Deerfield Beach, Parkland, Sunrise, Plantation, Lauderhill, Lauderdale Lakes, Oakland Park, and Fort Lauderdale. We also represent clients in Palm Beach County, from Boca Raton, Delray Beach, and Boynton Beach to Wellington, West Palm Beach, and Palm Beach Gardens.
Many of our clients own a business, an investment property, or a share of real estate in South Florida while living elsewhere, including in New York, New Jersey, and Connecticut. Whether the contract was signed in a Broward storefront, a Palm Beach County office, or across state lines, we handle the filings, hearings, and negotiations locally and keep you updated at each stage.
Speak With a Margate Contract Litigation Attorney Today
If a contract has been breached, or someone is accusing you of breaching one, the right time to talk to a Margate contract litigation attorney is before positions harden and deadlines pass. The Andrew M. Schwartz Legal Team will review your agreement and the surrounding facts, explain the options in plain terms, and recommend the path that makes sense for your goals and your budget.
Call to schedule a consultation. We answer the phone, and if the attorneys are in court, we return your call within 24 hours.