Oakland Park Contract Litigation Attorney
When a signed agreement stops being honored, the goal is usually simple to state and hard to reach: get the contract enforced, get the money owed, or get cleanly out of an obligation that the other side has already broken. The Andrew M. Schwartz Legal Team handles business and real estate disputes for owners, investors, and families in Oakland Park and across Broward County and Palm Beach County, and an Oakland Park contract litigation attorney from our team can tell you early whether your claim is built on solid language or on a shaky record.
Contract cases rarely turn on who seems more reasonable. They turn on the exact words of the agreement, what the parties did afterward, and whether you file in time. Oakland Park sits in the middle of a busy commercial corridor, with light industrial space, restaurants, contractors, distributors, and small service companies that run on purchase agreements, leases, vendor terms, and handshake side deals that later get disputed. Those relationships generate the kind of disagreements we litigate: unpaid invoices, abandoned deals, broken sale contracts, and partners who stop following the operating agreement.
We approach each file by reading the agreement the way a judge will, then testing it against the paper trail of emails, payments, and amendments. That is usually where a case is won or lost, and it is where we start.
What Counts as a Contract Dispute We Take On
Our contract work centers on high-stakes agreements where the language and the history between the parties matter. The categories below reflect the disputes that most often reach us from Oakland Park and the surrounding Broward communities.
- Purchase and Sale Agreements: Disputes over the sale of a business or a commercial or residential property, including failed closings, buyers or sellers who walk away, and demands that a court force the deal to go through.
- Operating and Shareholder Agreements: Fights over buyout formulas, capital calls, management authority, transfer restrictions, and what happens when one owner stops performing.
- Commercial Leases: Landlord and tenant disagreements over rent, build-out obligations, default, personal guarantees, and early termination of retail, warehouse, or office space.
- Loan Documents and Guarantees: Claims involving notes, defaults, acceleration, and the personal liability of owners who signed as guarantors.
- Construction Contracts: Payment disputes, defective or incomplete work, and change-order disagreements between owners, general contractors, and subcontractors.
- Partnership and Joint Venture Agreements: Disputes over profit splits, contributions, and whether a partner has acted outside the scope of the deal.
- Missing or Misdirected Money: Unpaid distributions, disputed capital contributions, commingled accounts, and managers who cannot explain where company funds went.
- Family and Friend Business Deals: Agreements between relatives or longtime friends that were loosely documented and now need to be interpreted and enforced.
Why Choose the Andrew M. Schwartz Legal Team for Contract Disputes
The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving clients in Oakland Park, Fort Lauderdale, Boca Raton, West Palm Beach, and throughout Broward County and Palm Beach County. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989, has spent 37 years in litigation, and has built his career around complex contract disputes, business divorces, and conflicts between 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. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts.
The firm practices as a true legal team, which means everyone working on your matter knows the file and can answer when you call. We keep a strict 24 hour return call policy when we are in court, and we schedule conference calls at times that work for everyone involved. We are experienced in mediation and arbitration as well as courtroom litigation, and we look for the outcome that serves your goals and your budget rather than stretching a case out for its own sake.
Results matter more than adjectives. After a 5-day bench trial in Broward County, the Circuit Court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract, meaning the court ordered the deal to be carried out rather than simply awarding damages. That outcome reflects the kind of record-driven preparation contract cases demand. Many of our clients also come to us through referrals from other attorneys, including out of state counsel whose clients have disputes in Florida.
Deadlines That Can End a Contract Claim Before It Starts
Florida sets firm filing windows for contract claims, and missing one can bar a case no matter how clear the breach. A lawsuit founded on a written contract generally must be filed within five years. A claim on an oral or implied contract has four years. An action to rescind a contract is also four years. Fraud claims run four years, measured from discovery, with an outer limit of 12 years. These periods are why we ask clients early for the signed agreement, the amendments, and the date of the first breach.
Specific performance is the outlier. A suit asking a court to compel a party to carry out a contract has a one-year limit, which is far shorter than most people expect. If your goal is to force a property closing or a business sale rather than collect damages, the clock is tight and delay can cost you the remedy. Related deadlines also differ by theory: professional malpractice claims, even those framed in contract, carry a two-year period that runs from when the claim was or should have been discovered, and negligence claims arising after March 24, 2023 carry two years rather than four. The 2023 reforms did not shorten the five-year written-contract period.
Choosing the right theory matters as much as meeting the deadline. A dispute can often be pleaded as breach of contract, breach of fiduciary duty, fraud, or a request for an accounting, and each carries different time limits and different remedies. Part of our early work is deciding which claims are available and which are strongest.
What to Do Right Now If a Contract Has Been Breached
Start by pulling together the full contract and everything that touches it: amendments, side letters, purchase orders, invoices, bank records, and the emails or texts in which the parties discussed performance. Courts care about the whole course of dealing, not just the signature page, and a gap in your file is easier to fix now than after a lawsuit is filed. Do not delete anything, and do not send an angry message that characterizes the deal in a way you will have to explain later.
Next, read the agreement for notice and cure provisions, which many contracts require before a party can declare default, along with any clause that sends disputes to mediation or arbitration, selects a venue, or shifts attorney fees. Following the notice steps exactly can preserve your claim, and skipping them can hand the other side an argument. If money or property is being moved while you deliberate, tell us immediately, because emergency injunctive relief may be available to freeze assets or stop a sale while the case proceeds.
On venue, the size of the claim determines the court. Disputes up to the county court limit are heard in county court, and larger claims belong in circuit court. For Oakland Park matters, a Broward County case is heard in the Seventeenth Judicial Circuit, and the Central Judicial Complex in Fort Lauderdale is where circuit civil cases are filed. The Seventeenth Circuit also operates complex business divisions that handle large business and construction litigation, and certain cases can be filed directly into them. If the agreement ties the dispute to Palm Beach County, the Fifteenth Judicial Circuit hears it, and claims that meet federal jurisdiction can be heard by the U.S. District Court for the Southern District of Florida, which sits in Fort Lauderdale and West Palm Beach. Where you file shapes the judge, the pace, and the procedure, so it is a decision worth making deliberately.
When the Contract Is an Operating or Shareholder Agreement
Some of the most consequential contract disputes are between co-owners, and the agreement among them often controls the remedy. If an LLC’s operating agreement contains a deadlock sale provision, Florida law gives effect to that provision when it is started before a court finds deadlock grounds, and it can take the place of a judicial dissolution order. That is one reason we read the governing documents before recommending whether to negotiate a buyout or go to court.
Where the agreement does not solve the problem, Florida statutes supply remedies. A member or manager can seek judicial dissolution of an LLC when owners are deadlocked and irreparable harm is threatened, when assets are being misappropriated or wasted, or when it is not reasonably practicable to operate under the operating agreement. A court can appoint a receiver or custodian after a hearing, or order a purchase of the petitioning member’s interest. For corporations, a shareholder can seek dissolution on specified grounds, and the corporation or other shareholders can elect to buy the petitioner’s shares at fair value. If the parties agree on value and terms within 60 days of the first election, the court enters an order on those terms. These cases blend contract interpretation with statutory remedies, and choosing the right path early can save an owner a great deal of time and money.
Common Questions About Contract Litigation in Oakland Park
How long do I have to sue for breach of a written contract in Florida?
Five years for a claim founded on a written instrument. Oral or implied contract claims have four years. The clock generally starts when the breach occurs, so identifying that date early is one of the first things we do.
Is a verbal agreement enforceable?
Often, yes, though some types of agreements must be in writing to be enforced, and verbal deals are harder to prove. Emails, texts, payment history, and witness testimony frequently fill the gap, which is why preserving communications matters.
What is specific performance, and when does it make sense?
Specific performance is a court order requiring a party to carry out the contract rather than pay damages. It is most common in real estate and unique-asset deals where money cannot make you whole. The filing window is one year, so these claims should not wait.
Can I recover my attorney fees?
Only if the contract or a statute provides for it. Many agreements include a fee-shifting clause, and it can change settlement dynamics, so we check for one at the start. Clauses that look one-sided are sometimes applied to benefit both parties.
Should I send a demand letter first?
Frequently, yes. A well-drafted demand can set out the breach, satisfy any contractual notice requirement, and open settlement talks. It can also create a record the other side will use, so the wording deserves care before it goes out.
Does every contract dispute end up in court?
No. Many resolve through negotiation, mediation, or arbitration, and some agreements require those steps. We are experienced in all of them and recommend the route most likely to reach your goal efficiently.
What if the contract says disputes go to arbitration?
Then a court will generally send the case there if the clause covers the dispute. We review the clause for scope, rules, and any conditions that must be met before filing, because the wrong forum can mean wasted time and cost.
Which court would hear my case if the amount is large?
Claims above the county court limit belong in circuit court. For Oakland Park disputes, that is the Seventeenth Judicial Circuit in Broward County, and larger business cases may qualify for a complex business division. Federal court may be an option when federal jurisdiction exists.
I live in New York or New Jersey. Can you handle my Oakland Park contract dispute?
Yes. We regularly represent clients from New York, New Jersey, and Connecticut who have 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.
Can I still sue if the other side has no money?
A judgment is only as useful as your ability to collect it, so we look at assets, guarantees, and collection options before filing. A judgment on a Florida court of record can be enforced for up to twenty years, and emergency relief can sometimes keep assets from disappearing in the meantime.
Do you work with other attorneys on contract cases?
Yes. A significant part of our practice comes from referrals by other lawyers, including out of state counsel and Florida attorneys who do not handle business litigation. We communicate with referring counsel throughout and respect their relationship with the client.
Serving Contract Litigation Clients in Oakland Park and Broward County
We represent business owners and investors across Oakland Park, including those operating along the commercial corridors and industrial areas that anchor the city’s economy. From Oakland Park our work extends to neighboring Fort Lauderdale, Wilton Manors, Lauderdale-by-the-Sea, Pompano Beach, Lighthouse Point, Deerfield Beach, Coral Springs, Tamarac, Lauderhill, Sunrise, Plantation, Hollywood, and Davie, along with the rest of Broward County. To the north, we serve clients throughout Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, and Palm Beach Gardens.
Whether the dispute involves a lease on a Broward storefront, a sale agreement for a Palm Beach County property, or a partnership agreement between owners who live in different states, we handle the case in the court where it belongs. Clients from New York, New Jersey, and Connecticut who hold business or real estate interests in South Florida work with us from a distance and rely on us for the local filings and appearances.
Talk With an Oakland Park Contract Litigation Lawyer
If a contract in your business has been broken, or if you are being accused of breaking one, the strength of your position depends on the document, the record, and the calendar. Our Oakland Park contract litigation lawyer team can review your agreement, explain which claims and deadlines apply, and recommend whether negotiation, mediation, arbitration, or a lawsuit makes the most sense. Call the Andrew M. Schwartz Legal Team to schedule a consultation and get a clear read on where you stand.