Palm Beach Contract Litigation Attorney
The goal in a contract fight is usually simple to say and hard to reach: get the agreement enforced as written, recover what the breach cost you, or get out from under an obligation the other side is misusing. The Andrew M. Schwartz Legal Team handles that work for business owners, investors, and families across Palm Beach County and Broward County, and works with out of state clients who hold business or real estate interests in South Florida.
If you need a Palm Beach contract litigation attorney, the first thing worth knowing is that these cases are decided on documents. Courts look at the exact words of the agreement, the emails and payments that followed it, and how the parties actually behaved. Deadlines to sue are fixed by statute, and some are much shorter than people expect.
The agreements we litigate include purchase agreements, operating and shareholder agreements, commercial leases, loan documents, and construction contracts. Many of these disputes also involve a business relationship that is coming apart, which changes what a good outcome looks like.
The Deadlines That Decide Whether a Contract Claim Survives
Florida sets different limitation periods depending on what kind of claim you have, and picking the wrong one in your head can cost you the case. A lawsuit on a written contract has a five-year window. A claim on an oral or implied agreement gets four years. An action to rescind a contract also gets four years.
Fraud claims run four years from the time the fraud is discovered, with an outer limit of twelve years. A suit seeking specific performance, where you ask a court to force the other side to complete a deal, carries only a one-year period. That short clock surprises many buyers and sellers in real estate deals that fall apart at closing.
Claims against professionals, whether framed as contract or tort, generally carry a two-year period that starts when the problem was or should have been discovered. Negligence claims also run two years for causes of action arising after the 2023 amendments, though the five-year written-contract period was not changed. If a dispute arises from a contract and also involves some other theory, we look at each count separately, because they may expire at different times.
The practical point: do not wait to see whether a dispute resolves itself. Gather the paper, fix the dates of the breach and of your discovery of it, and have someone read the agreement before the calendar decides the outcome for you.
Common Contract Disputes We Litigate in Palm Beach County
- Business Purchase and Sale Agreements: Disputes over representations made before closing, earn-out calculations, holdbacks, undisclosed liabilities, and buyers or sellers who walk away from a signed deal.
- Operating and Shareholder Agreements: Fights over buyout formulas, transfer restrictions, management rights, distributions, and what happens when an owner stops performing. Many of these overlap with partnership disputes and corporate dissolution.
- Commercial Real Estate Contracts: Failed closings, financing contingencies, deposit disputes, and requests for specific performance when a seller refuses to convey. The firm obtained a final judgment awarding specific performance of a commercial real estate contract after a five-day bench trial in Broward County.
- Commercial Leases: Rent and default disputes, guaranty claims, build-out and repair obligations, and landlord and tenant conflicts over termination rights.
- Loan and Financing Documents: Defaults, guaranty enforcement, disputed payoff figures, and disagreements over what the note or loan agreement actually requires.
- Construction Contracts: Payment disputes between owners, contractors, and subcontractors, change-order conflicts, and claims over defective or incomplete work.
- Unpaid Distributions and Missing Funds: Claims where money owed under an agreement was diverted, commingled, or never paid, often paired with an accounting or breach of fiduciary duty claim.
What to Do When a Contract Dispute Starts
Start by pulling together everything that defines the deal: the signed agreement, every amendment, side letters, and the emails or texts where terms were discussed or changed. Courts care about the course of dealing, so payment records, invoices, and correspondence showing how both sides performed matter as much as the contract itself.
Read any notice and cure provisions before you act. Many agreements require written notice of a breach, a period to fix it, or mediation before suit. Skipping those steps can hand the other side an early defense. Also check whether the contract has a venue clause, a governing law clause, an arbitration clause, or a prevailing-party fee provision, since each one changes how and where the case is fought.
Do not tear up the relationship in writing. Angry emails get quoted back at hearings. Do not stop performing your own obligations without advice, because the party that stops first often gives the other side a counterclaim.
Where money is moving or assets are at risk, speed matters. A court can issue emergency injunctive relief to stop funds from being moved or spent while the case is pending, and that is a different track from the ordinary case schedule.
On venue, cases in Palm Beach County are filed in the Fifteenth Judicial Circuit, which sits in West Palm Beach with branch courthouses elsewhere in the county. Claims up to the county court limit are heard in county civil court, and larger claims go to circuit court. Broward cases belong to the Seventeenth Judicial Circuit, which has a complex business division for larger business disputes. Some contract cases belong in federal court instead, where the Southern District of Florida holds court in West Palm Beach and Fort Lauderdale. A Palm Beach contract litigation lawyer should tell you early which forum applies and why.
Remedies: What a Court Can Actually Award
Most contract cases come down to money damages: the amount needed to put you where you would have been had the contract been performed. Proving that amount takes records, and sometimes a damages expert.
When money will not fix the problem, equity offers more. Specific performance can compel a party to complete a sale or perform a unique obligation. Rescission can unwind a deal tainted by fraud or mistake. Injunctions can stop a party from breaching a restriction or dissipating assets while the case proceeds. An accounting can force a partner or manager to show where company money went.
Many agreements also contain attorney fee clauses, and those can shift the cost of the case to the losing side. That cuts both ways, so it should be weighed before a case is filed or defended.
Why Clients Choose the Andrew M. Schwartz Legal Team for Contract Disputes
The Andrew M. Andrew M. Schwartz, Founder, was admitted to The Florida Bar in 1989, has spent 37 years in litigation, and has built his practice around complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders. He earned his undergraduate degree from Emory University in 1986 and his law degree from 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. That matters when a contract dispute may be filed in either system.
The firm works as a true legal team, so everyone on a matter knows the file and can answer when you call. There is a strict 24 hour return call policy when we are in court. Our attorneys handle mediation and arbitration as well as trials, and we look for the resolution that fits your goals and budget rather than stretching a case out. A recent example of trial work is a 32-page final judgment from the Broward County Circuit Court granting our client specific performance of a commercial real estate contract after a five-day bench trial.
Part of our practice comes from referrals by other attorneys, including out of state counsel whose clients have Florida disputes. We handle the local court appearances for out of state clients so they do not have to travel for every hearing.
Palm Beach Contract Litigation Questions
How long do I have to sue for breach of a written contract in Florida?
Five years for an action founded on a written instrument. Oral and implied contracts get four years. The clock generally runs from the breach, so identify that date early.
What is the deadline to sue for specific performance?
One year. This is much shorter than the damages period, which is why buyers in failed real estate deals should consult counsel quickly instead of waiting to see whether the seller changes course.
Does my claim expire sooner if I also allege fraud?
Fraud has its own period: four years from discovery, with an outer limit of twelve years. Different counts in the same case can have different deadlines, so each theory is evaluated separately.
Do I have to go to court, or can this be settled?
Many contract disputes resolve through negotiation, mediation, or arbitration. Some agreements require those steps before suit. Our attorneys are experienced in each and pursue the path most likely to meet your goals efficiently.
What if my contract has an arbitration clause?
Then the dispute may have to be decided in arbitration rather than court, subject to what the clause covers. We read the clause, the governing rules, and any carve-outs for emergency relief before choosing a forum.
Which court will hear my case?
Palm Beach County cases are heard in the Fifteenth Judicial Circuit, with county civil court handling claims up to the county court limit and circuit court handling larger ones. Broward cases go to the Seventeenth Judicial Circuit. Federal court is possible when jurisdiction requirements are met.
Can I recover my attorney fees if I win?
Only if the contract or a statute provides for it. Many commercial agreements include a prevailing-party fee clause. Check yours before filing, since it can also expose you to the other side’s fees if you lose.
My partner stopped paying me what the operating agreement requires. Is that a contract case?
Often yes, and it may also support claims for an accounting and breach of fiduciary duty. If money is being diverted, emergency relief may be available to stop assets from being moved while the case proceeds.
Can I stop performing if the other side breached first?
Sometimes, but not always. Whether a breach is serious enough to excuse your own performance depends on the contract and the facts. Stopping without advice can give the other side a counterclaim, so get the agreement reviewed first.
I live in New York or New Jersey. Can I handle a Palm Beach contract dispute from home?
Generally yes. We regularly represent clients from New York, New Jersey, and Connecticut, handle the Florida court appearances, and schedule calls at times that work for you.
Can a contract dispute with a family member or friend be litigated discreetly?
Court filings are generally public, but we handle family and friend business disputes with discretion and often look first for a negotiated or mediated resolution that keeps the matter out of a courtroom.
Is it worth hiring a lawyer for a mid-sized contract dispute?
Often it is, especially where the contract has a fee clause, a short deadline, or notice requirements that can be forfeited by a misstep. A first review can tell you whether the claim is worth pursuing and in which forum.
Contract Litigation Across Palm Beach County and South Florida
We represent clients throughout Palm Beach County, from West Palm Beach and Palm Beach Gardens in the north through Lake Worth Beach, Boynton Beach, Delray Beach, and Boca Raton in the south. We also work with clients in Jupiter, Wellington, Royal Palm Beach, Riviera Beach, Greenacres, and Belle Glade, along with surrounding communities across the county.
Many contract disputes cross county lines, so our work extends into Broward County, including Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, and Hollywood. We also serve clients from New York, New Jersey, and Connecticut who hold business interests or real estate in South Florida and need a local litigator to appear in court for them.
Speak With a Palm Beach Contract Litigation Lawyer
When a signed agreement is being ignored, twisted, or used against you, the sooner someone reads it alongside the facts, the more options you have. The Andrew M. Schwartz Legal Team can tell you where you stand, what deadlines apply, and whether the path forward is negotiation, mediation, arbitration, or a courtroom.
Call the firm to schedule a consultation with a Palm Beach contract litigation lawyer about your dispute.