Sunrise Breach of Contract Attorney

Most contract disputes are won or lost on two things: what the signed document actually says, and how fast the injured party moves once the other side stops performing. For businesses and owners in Sunrise, the goal is usually concrete, whether that means collecting what is owed, forcing the other party to complete a deal, or getting out of an agreement that was never honored. The Andrew M. Schwartz Legal Team handles business and real estate litigation for clients in Sunrise and throughout Broward County and Palm Beach County, and a Sunrise breach of contract attorney on our team approaches each case by reading the paper first and building the case around it.

Breach of contract is a broad label. It covers a seller who walks away from a commercial closing, a partner who ignores an operating agreement, a landlord and tenant who disagree over lease obligations, a lender and borrower arguing over loan documents, and a contractor who stops work midway through a project. Each of these turns on different language, different remedies, and different clocks. The right strategy depends on which kind of breach you are dealing with and what outcome would actually make you whole.

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

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in some of South Florida’s most contested business and real estate disputes, serving Sunrise, Fort Lauderdale, Boca Raton, West Palm Beach, and the surrounding communities in Broward County and Palm Beach County. 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 career. 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 business and real estate litigation experience in both state and federal courts.

Contract cases reward preparation, and our work reflects that. Many of these disputes depend on the precise wording of an agreement and the history of how the parties dealt with each other, so we prepare with that level of detail from the start. The firm has also recently won a final judgment after a five-day bench trial in Broward County Circuit Court, a 32-page ruling awarding our client specific performance of a commercial real estate contract. That is the kind of outcome that requires both trial readiness and a command of the contract.

We practice as a true legal team, so everyone working on your file knows it and can answer when you call. We keep a strict 24 hour return call policy, we are experienced in mediation and arbitration as well as courtroom litigation, and we aim for the resolution that serves your goals and budget rather than prolonging a case for its own sake. Our clients often expect to want the most combative lawyer available; what they usually need is someone who acts as the situation requires and uses finesse when finesse will do.

Types of Contract Disputes We Handle for Sunrise Clients

• Commercial Real Estate Purchase and Sale Contracts: Failed closings, a seller refusing to convey, or a buyer abandoning a deal after deposits are posted. When the property is unique, the remedy may be specific performance rather than money damages.
• Operating, Shareholder, and Partnership Agreements: Breaches of buyout terms, distribution rights, management duties, or non-compete provisions among owners of closely held companies.
• Commercial Lease Disputes: Unpaid rent, improper termination, disputes over maintenance and build-out obligations, and personal guaranties tied to retail or office space in Broward County.
• Loan Documents and Guaranties: Disputes between lenders, borrowers, and guarantors over default, acceleration, and what the loan paperwork actually requires.
• Construction and Service Contracts: Stopped work, defective performance, payment disputes between owners, contractors, and subcontractors, and disagreements over change orders.
• Unpaid Distributions and Missing Funds: Contract claims that overlap with accounting demands, diverted company money, and disputed capital contributions.
• Purchase Agreements for Businesses: Misrepresentations in the sale of a company, unpaid earn-outs, and failures to deliver what the asset purchase or stock purchase agreement promised.
• Oral and Implied Agreements: Handshake deals and course-of-dealing arrangements, which can be enforceable but are harder to prove and carry a shorter filing window than written contracts.

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

Start by gathering the complete document set before you send anything to the other party: the signed agreement, every amendment, side letters, emails and text messages discussing performance, invoices, payment records, and any notices already exchanged. Contracts frequently contain notice-and-cure provisions, requirements to give written notice of default by a specific method, or mandatory mediation and arbitration clauses. Skipping one of those steps can undermine an otherwise strong claim, so have the agreement reviewed before you declare a default or stop performing yourself. Stopping your own performance without a clear contractual basis is one of the most common ways a wronged party ends up facing a counterclaim.

Deadlines matter more than most people realize. In Florida, an action founded on a written contract generally must be filed within five years, while a claim on an oral or implied contract has four years. Rescission claims carry four years, fraud claims run four years from discovery with an outer limit of 12 years, and a suit seeking specific performance has just one year. If your dispute involves a real estate closing, that one-year window can arrive much sooner than you expect. The clock generally starts when the breach occurs, not when you finally decide to act.

Where your case is filed depends largely on the amount in dispute. Small claims handles the lowest-dollar disputes, county court hears mid-range claims, and circuit court hears larger cases and those seeking equitable relief such as specific performance or injunctions. Sunrise sits in Broward County, which is part of the Seventeenth Judicial Circuit, and the circuit has a complex business litigation division for large business disputes, entity dissolutions, and major construction cases. Federal court enters the picture when the parties are from different states and the amount in controversy is large enough; the Southern District of Florida holds court in Fort Lauderdale. Because many of our clients live in New York, New Jersey, or Connecticut but hold business or property interests here, we handle local filings and hearings so they do not have to travel for every proceeding.

Finally, consider whether the situation is urgent. If the other side is moving assets, selling disputed property, or about to do something that cannot be undone, waiting for a final judgment may mean waiting too long. Temporary and emergency injunctive relief can freeze the status quo while the case proceeds, and we pursue it where the facts support it.

Remedies in a Florida Breach of Contract Case

Money damages are the default remedy: compensation for the losses that flow from the breach, measured by what the injured party would have received had the contract been performed. Contracts often shape this analysis through liquidated damages clauses, limitation-of-liability provisions, and attorney fee provisions, so the agreement itself frequently determines what is recoverable and who pays the cost of litigation.

Where money cannot fix the problem, equitable remedies come into play. Specific performance orders the breaching party to do what it promised, which is most common in real estate transactions because each parcel is considered unique. Injunctions can stop conduct that violates a restrictive covenant or protect assets during the case. Rescission unwinds the agreement entirely when it was procured by fraud or has failed in a fundamental way. Choosing among these remedies, and sometimes pleading several in the alternative, is one of the most consequential strategic decisions in the case.

Many contract disputes resolve before trial. Mediation and arbitration are often built into the agreement itself, and even when they are not, a negotiated resolution frequently serves a client better than years of litigation. We prepare every case as if it will be tried, because that preparation is what produces leverage in settlement talks and what carries the day if the case does not settle.

Common Questions About Breach of Contract in Sunrise

What counts as a breach of contract in Florida?

A breach occurs when a party fails to perform an obligation the contract requires, performs it defectively, or performs late in a way that matters under the agreement. To recover, you generally must show a valid contract, a material breach by the other side, and damages that resulted from it.

How long do I have to file a breach of contract lawsuit?

For a contract founded on a written instrument, the limit is five years. For oral or implied contracts it is four years. Specific performance actions carry a one-year period, which is much shorter, so real estate deals gone wrong need prompt attention.

Is an oral agreement enforceable?

Often yes, but proof becomes the central challenge, and certain contracts, such as those for the sale of land, must generally be in writing to be enforced. Emails, texts, payment history, and witnesses can help establish the terms of an agreement that was never formally signed.

Can I get the other side to do what they promised instead of just paying me?

Sometimes. Specific performance is available in appropriate cases, particularly where the subject is unique, such as a particular piece of real estate. Our firm obtained exactly that result for a client after a bench trial involving a commercial property contract in Broward County.

Do I have to go to court, or can this be settled?

Many disputes are resolved through negotiation, mediation, or arbitration. Some contracts require one of those processes before you can file suit. We look for the path most likely to achieve your goals efficiently, and we are prepared to litigate when settlement is not realistic.

Which court will hear my case?

It depends mainly on the amount in controversy and the relief you want. Smaller claims go to small claims or county court, larger ones to circuit court, and cases seeking equitable remedies belong in circuit court regardless of the dollar figure. For Sunrise residents and businesses, that is the Seventeenth Judicial Circuit in Broward County, and federal court in Fort Lauderdale is possible where the requirements for federal jurisdiction are met.

What if my contract has an arbitration clause?

Courts generally enforce those clauses, which means your claim may have to be heard by an arbitrator rather than a judge or jury. The scope of the clause, who pays the costs, and what rules apply all matter, so the language should be reviewed before filing anything.

Can I recover my attorney fees?

Only if the contract provides for it or a statute allows it. Many commercial agreements include a prevailing-party fee clause, which can cut both ways, so it is worth knowing before you decide whether to sue or defend.

What if the other party was breaching and I stopped performing too?

Whether your own nonperformance was justified depends on whether their breach was material and whether you followed any notice-and-cure steps the agreement requires. Walking away without a sound contractual basis can expose you to a counterclaim, so get advice before you suspend performance.

My business partner broke the operating agreement and is taking money. Is that just a contract claim?

Often it is more than that. Beyond breach of contract, you may have claims for breach of fiduciary duty, an accounting, and recovery of diverted funds, and a court can issue injunctive relief to stop assets from being moved while the case is pending. In serious cases, judicial dissolution of the company may also be available.

I live in New York or New Jersey. Can you handle a Sunrise contract dispute for me?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with business or real estate interests in South Florida. We handle the Florida court appearances and keep you informed at each stage, and we also work with referring attorneys whose clients have disputes here.

How long does a contract case take?

There is no fixed answer. A case resolved through early negotiation or mediation can finish in months, while one that goes through discovery and a bench or jury trial takes considerably longer. The complexity of the agreement, the number of parties, and whether emergency relief is needed all affect the timeline.

Serving Contract Dispute Clients Across Sunrise and South Florida

Our work for Sunrise clients extends across Broward County, from Plantation, Tamarac, Lauderhill, and Lauderdale Lakes to Coral Springs, Parkland, Weston, and Davie. We also represent business owners and property investors in Fort Lauderdale, Pompano Beach, Deerfield Beach, Hollywood, Pembroke Pines, and Miramar. To the north, we serve clients throughout Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, and Palm Beach Gardens.

Many of the people we represent do not live in South Florida at all. They own a company, a commercial building, or a share of real estate here with partners or co-owners who are local, and they live in New York, New Jersey, or Connecticut. Whether a dispute begins in a Sunrise office park, a shared investment property, or a closely held family company, we handle the litigation locally so you can protect your interests from wherever you are.

Talk to a Sunrise Breach of Contract Lawyer About Your Dispute

If someone has failed to honor an agreement and your business, investment, or property is at risk, the sooner the contract and the facts are reviewed, the more options you keep. The Andrew M. Schwartz Legal Team can evaluate the agreement, explain your remedies, and tell you candidly whether the best path is negotiation, mediation, or a lawsuit. Contact our team today to speak with a Sunrise breach of contract lawyer about your case.