Pompano Beach Breach of Contract Attorney
Pompano Beach business owners, landlords, contractors, and investors often reach the same point: the other side stopped performing, the emails have turned sharp, and you have to decide whether to keep negotiating or file suit. The Andrew M. Schwartz Legal Team handles business and real estate litigation for clients in Pompano Beach, throughout Broward County, and across Palm Beach County, and a Pompano Beach breach of contract attorney at the firm can help you make that decision with a clear view of what the contract says and what a court is likely to do with it.
Contract cases rarely turn on who seems more sympathetic. They turn on the exact words of the agreement, what each side did afterward, and whether you can show the loss in dollars. A marina slip lease, a commercial purchase agreement, a subcontractor payment dispute, a buyout between co-owners: each has its own pressure points, and the choices you make in the first few weeks, including what you sign, what you stop paying, and what you put in writing, tend to shape the rest of the case.
The consequences are practical. Waiting too long can forfeit the claim. Acting too fast, such as declaring a breach when you are not yet in a position to prove one, can make you the party who breached. We start by reading the document and the paper trail before anyone commits to a position.
Why Choose the Andrew M. Schwartz Legal Team for Contract Disputes Near Pompano Beach
The Andrew M. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation, with complex contract disputes at the center of his practice. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. The firm serves clients in Pompano Beach, Fort Lauderdale, Boca Raton, West Palm Beach, and throughout Broward and Palm Beach Counties.
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 in contract work because some disputes belong in the Broward County Circuit Court and others, depending on the parties, end up in federal court. The firm practices as a true legal team, so everyone working on your matter knows the file, and a strict 24 hour return call policy applies when we are in court and cannot pick up right away.
The firm’s record includes a 5-day bench trial in Broward County that ended with a 32-page final judgment granting our client specific performance of a commercial real estate contract. That is the kind of result that depends on close reading of the agreement and careful trial preparation. We are also experienced in mediation and arbitration, and we look for the resolution that fits your goals and budget rather than stretching a case out for its own sake.
Contract Disputes We Handle for Pompano Beach Clients
- Purchase and Sale Agreements: Failed closings, disputes over deposits, and claims that a buyer or seller walked away without justification. Real property contracts sometimes support specific performance, which orders the other side to complete the deal.
- Operating and Shareholder Agreements: Owners who violate buyout terms, transfer restrictions, or management provisions. These disputes often overlap with fiduciary duty claims and with business divorce.
- Commercial Leases: Unpaid rent, abandoned premises, disputes over build-out obligations, and landlord or tenant claims of default for retail, office, and warehouse space.
- Construction and Contractor Agreements: Unfinished work, defective work, payment withheld over change orders, and disputes between owners, general contractors, and subcontractors.
- Loan Documents and Guaranties: Defaults, acceleration, and disputes over whether a personal guaranty reaches as far as a lender claims.
- Unpaid Distributions and Missing Funds: Partners or managers who do not pay what is owed or cannot account for company money, which can support claims for an accounting and recovery of funds.
- Oral and Implied Agreements: Handshake deals and course-of-dealing arrangements. These are harder to prove but still enforceable, and they carry a shorter filing deadline than written contracts.
- Family and Partner Business Agreements: Contract disputes among siblings, spouses, in-laws, or friends who went into business together, handled with discretion alongside the financial claims.
What to Do When the Other Side Stops Performing
Start by gathering the signed agreement and everything that modifies it: amendments, side letters, change orders, and emails where terms were adjusted. Then build a timeline of what was promised, what was delivered, what was paid, and when the problems started. Preserve texts, invoices, bank records, and anything saved on a phone or shared drive. Do not delete messages, even ones you wish you had not sent.
Read the contract for the provisions that control how a dispute is handled: notice and cure requirements, a mediation or arbitration clause, a venue or governing-law clause, and any attorney’s fee provision. Many contracts require written notice of default and a chance to fix the problem before suing, and skipping that step can hurt you. Be careful about withholding your own performance. If you stop paying or stop working and a court later finds you were not entitled to, you may have handed the other side a counterclaim.
Watch the calendar. Under Florida law, a claim founded on a written instrument generally must be filed within five years. A contract claim that is not founded on a written instrument, such as an oral or implied agreement, has a four-year period. A suit asking a court to rescind a contract also has four years, and a fraud claim runs four years from discovery, with an outer limit of 12 years. A specific performance action carries a one-year deadline, which is why a buyer or seller trying to force a real estate closing cannot sit on the claim. Professional malpractice claims, even those founded on a contract, have their own two-year period. Which deadline governs your claim depends on how it is pleaded, so get that question answered early.
Where the case is filed depends on the amount at stake. Claims up to the county court limit go to county court, and larger disputes go to the circuit court. For Pompano Beach, circuit cases are heard in the Seventeenth Judicial Circuit, which sits in and for Broward County, with the main civil divisions in Fort Lauderdale. Broward’s complex business divisions handle certain larger business disputes, including large business and construction litigation, and a case can be filed directly into one of those divisions under the circuit’s administrative order. If the parties are from different states and the amount in controversy is high enough, the United States District Court for the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach, may be an option. Choosing the forum is a strategic decision, and we make it with you before the complaint is drafted.
Finally, think about emergency relief. If the other side is moving assets, locking you out of property, or about to transfer something the contract promised to you, waiting for a final judgment may be too late. Courts can issue temporary and permanent injunctions in appropriate cases, and the firm regularly seeks early injunctive relief to hold the situation in place while the dispute is decided.
Remedies a Florida Court Can Award for a Broken Contract
Most contract cases come down to money damages: the amount needed to put the injured party where it would have been if the contract had been performed. That can include unpaid amounts, lost profits that can be proven with reasonable certainty, and costs incurred in covering for the other side’s failure. Whether you can also recover attorney’s fees usually depends on what the contract itself says, so that clause deserves a close read before anyone files.
Some contracts cannot be made whole with money. Real property is the clearest example, since no two parcels are identical. When a seller refuses to close, a court sitting in equity can order specific performance, directing the seller to complete the transaction. That is the remedy our client obtained after a bench trial in Broward County, and it is a good illustration of why the form of relief should be chosen at the start of the case rather than at the end. Rescission, which unwinds a contract, is another option in the right circumstances, and it has its own deadline.
When the contract dispute is really a dispute between co-owners, the remedies widen. Depending on the facts, a court can order an accounting, appoint a receiver or custodian, or in the LLC context dissolve the company when the owners are deadlocked and irreparable injury is threatened, or when assets are being misappropriated or wasted. Some operating agreements contain a deadlock sale provision, and if one is properly started before the court finds the grounds for dissolution, it can take the place of a judicial dissolution order. Contract disputes between owners should be read together with the entity’s governing documents for exactly this reason.
Not every case should be tried. Mediation or arbitration often resolves a contract dispute faster and for less, and the agreement itself may require one or the other. We evaluate each case for what a court is likely to award, what the fight will cost, and whether a negotiated outcome serves you better.
Breach of Contract Questions Pompano Beach Clients Ask
What counts as a breach of contract in Florida?
A breach occurs when a party fails to do what the agreement requires, does it late or defectively, or signals that it will not perform at all. For a claim to be worth pursuing, the breach usually has to be material and has to have caused a loss you can prove.
How long do I have to file a breach of contract lawsuit?
For a contract founded on a written instrument, the period is five years. For an oral or implied contract it is four years. Specific performance actions have one year, and rescission actions have four. The right deadline depends on how the claim is framed, so confirm it before assuming you have time.
Does HB 837 shorten my deadline to sue on a contract?
No. The 2023 legislation cut the negligence deadline from four years to two, but it did not change the five-year period for written contracts or the four-year period for intentional torts. Contract claims are generally still governed by the longer periods.
Can I sue over a verbal agreement?
Often yes, though proof is harder. Emails, texts, payment history, and the way the parties actually behaved can establish the terms. Certain categories of agreements must be in writing to be enforceable, so the type of deal matters.
Which court will hear my case?
Disputes up to the county court limit are heard in county court, and larger ones in circuit court. Small claims cover the lowest tier. For Pompano Beach, circuit cases go to the Seventeenth Judicial Circuit in Broward County, and some business disputes belong in its complex business division. Federal court is possible only when jurisdictional requirements are met.
Do I have to send a demand letter first?
Not always by law, but many contracts require written notice and an opportunity to cure before suit, and ignoring those provisions can derail a case. Even where nothing requires it, a well-drafted demand sometimes resolves the dispute without a filing.
Can a court force the other side to complete a real estate deal?
Yes. Specific performance is available in appropriate real estate cases, though the one-year filing period makes timing critical. Our firm obtained a final judgment granting specific performance of a commercial real estate contract after a 5-day bench trial in Broward County.
My business partner is the one who breached. Is that different?
Often it is. Partner and member disputes can add fiduciary duty claims, accounting claims, and in some cases judicial dissolution or a court-ordered buyout. The operating or shareholder agreement and Florida’s entity statutes work together, and the remedies available are broader than in an ordinary vendor dispute.
What if my contract says disputes must go to arbitration?
Courts generally enforce those clauses, which means the case proceeds before an arbitrator rather than a judge. Our attorneys are experienced in arbitration as well as courtroom litigation, so we can advise whether the clause covers your claim and how to approach the process.
I live out of state but my contract is with a Pompano Beach company. Can you help?
Yes. We regularly represent clients from New York, New Jersey, and Connecticut 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?
It depends on the amount, the contract’s fee provision, and the cost of the alternative. Sometimes a single demand letter resolves it. We tell you candidly when the economics do not justify a lawsuit, since legal fees that outweigh the claim make little sense.
Serving Pompano Beach Contract Clients Across Broward and Palm Beach Counties
We represent clients in Pompano Beach and throughout Broward County, including Lighthouse Point, Deerfield Beach, Coconut Creek, Margate, Coral Springs, Parkland, Tamarac, Lauderdale-by-the-Sea, Oakland Park, Fort Lauderdale, Wilton Manors, Sunrise, Plantation, Davie, Hollywood, and Hallandale Beach. To the north, in Palm Beach County, we serve Boca Raton, Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, Jupiter, and Palm Beach Gardens.
Talk With a Pompano Beach Breach of Contract Lawyer Before the Deadline Decides for You
If someone has broken a contract with you, or is accusing you of breaking one, a conversation with a Pompano Beach breach of contract lawyer at the Andrew M. Schwartz Legal Team is the fastest way to find out where you stand. Bring the agreement and whatever paper trail you have, and we will tell you what the claim is worth, which deadline applies, and whether negotiation, mediation, or a lawsuit makes the most sense. Call our team today to schedule a consultation.