Miramar Breach of Contract Attorney

Miramar business owners, landlords, contractors, and investors who are staring at a contract the other side has stopped honoring have a short list of real choices: demand performance, negotiate a way out, or file suit. The Andrew M. Schwartz Legal Team handles business and real estate litigation for clients in Miramar, throughout Broward County and Palm Beach County, and across South Florida, and our work in this area starts with one question: what does the signed document actually say, and what did the parties do afterward?

A Miramar breach of contract attorney earns their keep in the details. Was the breach material or minor? Did the other side get proper notice and a chance to cure? Does the agreement contain an arbitration clause, a venue provision, or a fee-shifting term that changes the whole strategy? These questions decide whether a case belongs in court, in mediation, or in a negotiated settlement, and they should be answered before a complaint is drafted, not after.

Time also matters more than most people realize. Florida gives different deadlines to different kinds of claims, and a one-year window applies to some of the remedies that matter most in commercial deals. Waiting to “see if things work out” is how otherwise strong claims get weaker.

Why Choose the Andrew M. Schwartz Legal Team for Contract Disputes

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s difficult business and real estate disputes, and complex contract litigation has been at the center of founder Andrew M. Schwartz’s practice throughout his 37 years in litigation. He was admitted to The Florida Bar in 1989, earned his undergraduate degree from Emory University in 1986, and received his law degree from the University of Miami in 1989. Andrew is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience in business and real estate cases in 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 we are in court or otherwise unavailable. Our attorneys handle mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits the client’s goals and budget rather than stretching a case out for its own sake.

Results matter to contract clients, and one is on the record. After a 5-day bench trial in Broward County, the Circuit Court issued a 32-page final judgment in May 2024 awarding our client specific performance of a commercial real estate contract. That outcome reflects what we do in these cases: build the record around the exact contract language and the parties’ actual dealings, then try the case when trial is the right path. No attorney can promise a result, but we prepare every contract case as though it will be tried.

Contract Disputes We Handle for Miramar Clients

• Purchase and Sale Agreements: Failed closings, buyers who walk away from a deposit, sellers who refuse to convey, and disputes over contingencies or financing deadlines. Specific performance, which forces the deal to close, is one remedy in appropriate cases.
• Commercial Lease Disputes: Landlords chasing unpaid rent and tenants contesting charges, build-out obligations, or early termination. Miramar’s shopping centers and office and industrial space near the Broward and Miami-Dade line generate regular lease conflicts.
• Operating and Shareholder Agreement Breaches: Members or shareholders who ignore buyout terms, voting provisions, or distribution rights. These often overlap with fiduciary duty claims and business divorce.
• Construction and Contractor Contracts: Unfinished work, defective work, payment withheld over change orders, and disagreements about scope. The written contract, change order history, and correspondence usually decide these cases.
• Loan and Financing Documents: Default and acceleration disputes, guaranty enforcement, and claims between private lenders and borrowers.
• Unpaid Distributions and Missing Funds: Partners or managers who cannot account for company money, diverted funds, and disputed capital contributions, sometimes requiring an accounting and emergency relief to freeze assets.
• Services, Vendor, and Supply Agreements: Non-delivery, nonpayment, and disputes over performance standards between businesses, including agreements that were never fully reduced to writing.
• Family and Friend Business Arrangements: Handshake deals and loosely papered agreements among relatives or longtime friends, where the dispute is as much about the relationship as the money.

What to Do Once a Contract Has Been Broken

Start by gathering the paper. Pull the signed agreement and every amendment, then collect emails, texts, invoices, change orders, bank records, and anything showing what each side did or promised. Do not rely on a draft or an unsigned copy; the executed version controls. Stop discussing the dispute on text and social media, since casual messages tend to show up as exhibits.

Next, read the contract for the provisions that shape everything else: notice and cure requirements, an arbitration or mediation clause, a venue or governing law clause, a prevailing-party attorney fee provision, and any limitation on damages. If the contract requires written notice of default before suing, sending that notice correctly can matter as much as the breach itself. Hold off on sending angry demand letters before an attorney has looked at them; a poorly worded letter can concede points or trigger deadlines you did not intend.

Know your clock. For claims founded on a written contract, Florida allows five years. For oral or implied contracts the period is four years. A suit seeking specific performance carries just one year, and fraud claims run four years from discovery, with an outer limit of 12 years. Rescission claims have a four-year period. These periods can interact, so the safe move is to have the dates calculated early rather than assume the longest one applies.

Where the case is filed depends on the amount at stake and the contract. Claims up to $8,000 belong in small claims, claims above that and up to $50,000 are heard in county court, and larger disputes go to circuit court. For Miramar, that usually means the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, which sits at courthouses in Fort Lauderdale and at regional courthouses in the county. The Seventeenth Circuit also has a complex business division that handles large business and construction litigation, and cases can be directed there only through the procedure in its administrative order. If the contract ties the dispute to Palm Beach County, the Fifteenth Judicial Circuit in West Palm Beach would hear it. Disputes that meet federal jurisdiction requirements can go to the U.S. District Court for the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach.

If money or property is at risk of disappearing, say so immediately. A court can issue temporary or emergency injunctive relief to stop assets from being moved or spent while the case is pending, but that relief depends on acting quickly and documenting the risk.

How Contract Cases Are Won and Lost

Most contract cases turn on three things: what the words mean, whether the breach was material, and what damages the evidence supports. Courts read the agreement as written, so ambiguity, missing terms, and sloppy drafting become the battleground. The history of how the parties actually dealt with each other can explain an unclear term or show that a requirement was waived. This is why we spend early time on the document trail before positioning a case for settlement or trial.

Remedies vary with the facts. Money damages are the usual remedy, but when the subject is unique, such as a particular parcel of commercial property, a court can order the contract performed. When the contract has been procured by fraud or has failed in a fundamental way, rescission may be available. When a counterparty is draining funds or about to transfer an asset, an injunction can preserve the status quo. A careful breach of contract lawyer in Miramar chooses the remedy first and builds the claims around it, rather than pleading everything and hoping.

Many disputes never reach a verdict. Negotiation and mediation resolve a large share of contract disagreements, and some agreements require arbitration. We are comfortable in all of those settings, and we tell clients plainly when a settlement offer makes more sense than another year of litigation, and when it does not.

Questions Miramar Clients Ask About Breach of Contract

What counts as a breach of contract in Florida?

A breach occurs when a party fails to do what the agreement requires, without legal excuse. It can be a complete failure to perform, late or defective performance, or a clear refusal to perform in the future. Whether the breach is material, meaning it goes to the heart of the deal, affects what remedies you can pursue.

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

Five years for claims founded on a written instrument. The deadline is shorter for some related claims, so the date of the breach and the type of claim should be reviewed together.

Does an oral agreement count?

Often yes, though it is harder to prove, and some categories of agreements must be in writing to be enforceable. Oral and implied contract claims carry a four-year limitation period. Texts, emails, payments, and course of dealing can supply the proof.

Can I force the other side to complete the deal instead of just paying me?

In some cases. Specific performance can be ordered when money alone would not make you whole, which is common with real estate. The action must be brought within one year, so this remedy cannot wait.

Do I need to send a notice before filing suit?

Often, if the contract says so. Many agreements require written notice of default and a cure period before a lawsuit or termination. Skipping that step can undermine an otherwise valid claim.

Which court will hear my case?

That depends on the amount and the contract. Small claims handle up to $8,000, county court handles amounts above that up to $50,000, and circuit court handles larger claims. For Miramar disputes, Broward County’s Seventeenth Judicial Circuit is the usual forum unless the contract points elsewhere.

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

Usually the clause must be honored, which means the dispute is decided by an arbitrator rather than a judge. There are exceptions, and the scope of the clause matters. Arbitration still requires careful preparation, and our attorneys handle it as well as courtroom litigation.

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.

The breach happened while my business partner and I were co-owners. Is this a contract case or a partnership case?

Often both. A violated operating or shareholder agreement is a contract claim, and the same conduct can support breach of fiduciary duty, an accounting, or judicial dissolution. Pleading the right combination matters.

I live in New York, New Jersey, or Connecticut but the contract involves Florida property. Can you handle it?

Yes. We regularly represent clients from the tri-state area with business or real estate interests in South Florida. We handle the local court appearances and keep you informed, so you do not have to travel for every hearing.

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

Sometimes the better move is a well-drafted demand letter and a negotiated resolution rather than a full lawsuit. We weigh the amount at stake against the likely cost and tell you directly whether pursuing it makes economic sense.

What if the other side has no money or is hiding assets?

A judgment is only as good as your ability to collect it. Where there is a risk of assets being moved, emergency injunctive relief and an accounting claim may be appropriate, and collection prospects should be considered before the case is filed.

Serving Miramar and Surrounding South Florida Communities

Our contract work for Miramar clients extends through southwest Broward County, including Pembroke Pines, Hollywood, Pembroke Park, West Park, Davie, Cooper City, Weston, and Southwest Ranches. We represent clients in Fort Lauderdale, Plantation, Sunrise, Lauderhill, Lauderdale Lakes, Tamarac, Coral Springs, Parkland, Coconut Creek, Margate, Pompano Beach, and Deerfield Beach as well.

Farther north in Palm Beach County, we serve businesses and property owners in Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Wellington, Royal Palm Beach, West Palm Beach, and Palm Beach Gardens. Across both counties and throughout South Florida, we also represent clients from New York, New Jersey, and Connecticut whose business partners, tenants, buyers, or co-owners are here.

Talk With a Miramar Breach of Contract Lawyer Before the Deadline Passes

If someone has broken a contract with you, or you are on the receiving end of a breach claim, the most useful thing you can do is have the agreement and the paper trail reviewed by a Miramar breach of contract lawyer while your options are still wide open. Call the Andrew M. Schwartz Legal Team to talk through the contract, the timeline, and whether negotiation, mediation, arbitration, or litigation is the right path for your situation.