Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu
Andrew M. Schwartz Legal Team Committed to Providing High Quality Legal Representation
  • Get in touch today

Palm Beach Gardens Breach of Contract Attorney

Most contract disputes end the same way a good deal does: with money recovered, a promise enforced, or a clean exit from an agreement that stopped working. The Andrew M. Schwartz Legal Team helps business owners, investors, and families get to that outcome. If you need a Palm Beach Gardens breach of contract attorney, our firm handles contract litigation for clients in Palm Beach Gardens and across Palm Beach County and Broward County, from purchase agreements and operating agreements to commercial leases and loan documents.

Contract cases are won and lost on specifics. What did the agreement actually say? What did each side do afterward? Which deadline governs the claim? In a market like Palm Beach Gardens, where commercial property, professional offices, and closely held companies are everywhere, those questions come up constantly, and the answers are usually buried in the wording of the document and the history between the parties.

This is a conversation worth having early. A few weeks of delay can limit what remedy you have, and some remedies carry far shorter deadlines than people expect.

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 Palm Beach Gardens, West Palm Beach, Boca Raton, Fort Lauderdale, and the surrounding counties. Contract enforcement and interpretation have been at the center of founder Andrew M. Schwartz’s work for his entire career. 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.

The firm practices as a true legal team, which means everyone working on your file knows what is happening in it. When you call, someone who understands your case answers, and if we are in court, we follow a strict 24 hour return call policy. Mr. Schwartz’s view, which he states plainly, is that clients often think they want the most aggressive lawyer available, when what they really want is someone who acts as the situation requires and uses finesse when finesse will do. We look for the resolution that serves your goals and budget rather than stretching a case out for its own sake, and our attorneys are experienced in mediation and arbitration as well as the courtroom.

The firm’s trial work backs that up. After a 5-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That kind of result, where a court orders the other side to actually do what the contract required, is exactly what some clients need when money damages would never make them whole. Many of our cases also come to us through referrals from other attorneys, including out of state lawyers whose clients have disputes in Florida.

Contract Disputes We Handle for Palm Beach Gardens Clients

  • Operating and Shareholder Agreement Breaches: A co-owner ignores a buyout formula, competes against the company, or refuses to follow the governance terms everyone signed. These cases often overlap with business divorce and judicial dissolution.
  • Purchase and Sale Contract Disputes: Failed closings, sellers who walk away from a signed commercial deal, and buyers who default on financing or deposits. Some of these cases call for specific performance rather than damages.
  • Commercial Lease Disputes: Rent obligations, personal guaranties, build-out responsibilities, and early termination fights between landlords and business tenants in the shopping centers and office parks around the PGA corridor.
  • Loan and Financing Agreement Defaults: Disputes between lenders and borrowers, private lenders and investors, and guarantors who are asked to pay when a company cannot.
  • Construction Contract Disagreements: Unpaid draws, defective work, change-order fights, and abandoned projects between owners, contractors, and subcontractors.
  • Unpaid Distributions and Diverted Funds: A partner or manager holds back owed distributions, moves company money, or cannot account for where it went. We pursue accountings, fiduciary duty claims, and recovery of funds.
  • Family Business Agreements: Siblings, parents and children, or spouses who co-own a company and disagree about control, compensation, or what the governing documents require.
  • Partnership and Joint Venture Disputes: Disagreements over who contributed what, how profits are split, and whether one side has been acting for its own benefit.

What to Do Right Now If the Other Side Has Broken the Agreement

Start by getting the documents in one place: the signed contract, every amendment, emails and texts discussing performance, invoices, payment records, and anything showing what you did to hold up your end. Courts read the agreement first, then look at how the parties actually behaved, so the paper trail matters more than anyone’s recollection of a conversation. Do not delete anything, even messages you find embarrassing.

Next, check the clock. Florida gives you five years to sue on a contract founded on a written instrument, and four years for oral or implied contracts. Other claims run on different schedules: a fraud claim runs four years from discovery, capped at 12 years, an action to rescind a contract has four years, and a claim seeking specific performance has just one year. That last one surprises people. If what you really need is for a court to force the other side to close a real estate deal or perform a unique obligation, waiting can cost you the remedy. Professional malpractice claims, even those framed as contract claims, carry a two-year period measured from when the claim was or should have been discovered. Because these periods differ and the right label for your claim is not always obvious, get the dates reviewed promptly.

Read the contract for provisions that change the road ahead: notice and cure requirements, mediation or arbitration clauses, attorney’s fee provisions, venue clauses, and any limits on damages. If the agreement requires written notice of default before you can sue, sending that notice correctly is often the first real step. Be careful about what you say to the other side in the meantime; a casual email admitting you stopped performing, or accepting a late payment without reservation, can be used against you.

Where the case is filed depends on the amount at stake. County court handles disputes up to $50,000, and small claims covers the lowest tier. Larger disputes go to circuit court. For Palm Beach Gardens residents and businesses, that means the Fifteenth Judicial Circuit, which sits in and for Palm Beach County, with a North County courthouse located in Palm Beach Gardens. If the defendant or the property is in Broward County, the case may belong in the Seventeenth Judicial Circuit instead, which has complex business divisions for large commercial disputes. Federal court in the Southern District of Florida, which sits in West Palm Beach and Fort Lauderdale among other cities, becomes an option when the parties are from different states and the amount is large enough.

When money may disappear before a judgment, ask about emergency relief early. Courts can issue temporary and permanent injunctions to stop assets from being moved or spent while the case is pending, and that request has to be made quickly to be useful.

Remedies a Florida Court Can Actually Award

Most contract cases seek damages, meaning the money needed to put you where you would have been had the contract been honored. That can include the direct loss, and in some cases consequential losses that were foreseeable when the deal was made. The contract itself often controls the outcome: liquidated damages clauses, fee-shifting provisions, and limitation-of-liability language can expand or cap what you recover.

Some disputes cannot be fixed with a check. Specific performance asks the court to order the breaching party to do what it promised, which is most common with real estate and one-of-a-kind assets. Rescission unwinds the deal and returns the parties to where they started. An accounting forces a partner or manager to show where company money went. Injunctions stop conduct that would cause harm money cannot repair.

When the contract dispute sits inside a company, other tools open up. Under Florida’s LLC statute, a court can dissolve a company when owners are deadlocked and the company faces irreparable harm, when assets are being misappropriated or wasted, or when it is no longer reasonably practicable to operate under the operating agreement. A court may also appoint a receiver or custodian after a hearing, or order a purchase of a petitioning member’s interest. Corporations have a parallel framework, including a process that lets the other shareholders buy out a petitioner at fair value. And if the operating or shareholder agreement has its own deadlock sale provision, that provision can take priority over a judicial remedy. All of this is why the underlying document needs to be read before anyone files anything.

Not every breach needs a lawsuit. A well-timed demand letter, a negotiated settlement, or mediation resolves many disputes faster and cheaper than a trial. We pursue the route most likely to achieve your goal, and we prepare every case as if it will be tried so the other side knows we mean it.

Palm Beach Gardens Breach of Contract Questions, Answered

What counts as a breach of contract in Florida?

A breach occurs when a party fails to perform something the contract required without a legal excuse. To bring a claim you generally need a valid contract, a material breach, and damages that resulted from it. Minor, technical deviations may not support a claim, while failures that go to the heart of the bargain usually do.

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 get four years. The recent change that shortened Florida’s negligence deadline to two years did not alter the five-year written-contract period.

Is an oral agreement enforceable?

Often yes, though proof is harder, and the deadline is shorter at four years. Certain agreements, such as many real estate transactions, must be in writing to be enforced. Texts, emails, and conduct after the conversation can supply the proof an oral deal lacks.

Do I need to send a demand letter before filing suit?

Not always as a matter of law, but your contract may require written notice and a chance to cure before you can sue. Even when it does not, a clear demand letter documents the breach, sometimes produces a settlement, and shows a court you acted reasonably.

Can I recover my attorney’s fees?

Only if the contract or a statute provides for them. Many commercial agreements include a prevailing-party fee clause, which cuts both ways: it can make the other side think twice, but it can also put you at risk if you lose. We review that language before recommending whether to file.

What is the difference between damages and specific performance?

Damages pay you money for the loss. Specific performance orders the other side to carry out the contract itself. It is reserved for situations where money is inadequate, most often real property, and the one-year deadline attached to it makes speed essential.

My business partner is the one who breached. Is that handled differently?

Often yes. Breaches between co-owners usually involve fiduciary duties in addition to contract terms, and remedies can include an accounting, a buyout, or judicial dissolution. The operating or shareholder agreement frequently sets the exit mechanics, so that document drives the strategy.

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

It depends on the court, the amount at stake, and how much the parties fight. Palm Beach’s Fifteenth Circuit sorts civil cases onto differentiated tracks, so a simple collection case moves far faster than a multi-party business dispute. Many cases settle after the key documents are exchanged or at mediation, well before trial.

Should I stop paying if the other side breached first?

Be very careful. Withholding your own performance can turn you from the injured party into the breaching one. Whether you are excused depends on how serious their breach was and what the contract says. Get advice before you stop performing, not after.

I live out of state but the contract involves Palm Beach County. Can you handle it?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with business or real estate interests here, and we handle the local court appearances so you do not need to travel for every hearing.

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

Sometimes the answer is a short demand letter and nothing more. We will tell you candidly whether the amount, the strength of the proof, and the collectability of the defendant justify the cost of a lawsuit, since fees that outweigh the recovery make little sense.

Serving Contract Litigation Clients Across Palm Beach Gardens and South Florida

Our team represents clients in Palm Beach Gardens and throughout northern Palm Beach County, including Juno Beach, Jupiter, Tequesta, North Palm Beach, Palm Beach Shores, Riviera Beach, Lake Park, and Singer Island. We also serve West Palm Beach, Royal Palm Beach, Wellington, Lake Worth, Greenacres, Boynton Beach, Delray Beach, and Boca Raton, along with the western communities of the county. Farther south, we represent clients in Broward County, including Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, and Hollywood.

Whether your dispute involves a medical practice, a development parcel, a family-owned company, or an investment property held with partners, we handle the filings and hearings in the courts that matter, and we keep clients who live in New York, New Jersey, and Connecticut informed at every stage.

Talk to a Palm Beach Gardens Breach of Contract Lawyer

If someone has broken a promise that cost you money, control of a company, or a piece of property, the sooner a Palm Beach Gardens breach of contract lawyer reviews your agreement, the more options you will have. The Andrew M. Schwartz Legal Team will read the documents, tell you plainly what your claim is worth and what it will take, and recommend the route that fits your goals and budget.

Call us to schedule a consultation. We will give you a straight assessment of where you stand and what to do next.

Share This Page:
Skip footer and go back to main navigation