Wilton Manors Breach of Contract Attorney
A signed agreement that the other side has stopped honoring leaves a Wilton Manors business owner with a short list of hard decisions: demand performance, negotiate an exit, or file suit before a clock runs out. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and families in Broward County, Palm Beach County, and across South Florida, and contract enforcement sits at the center of that work.
If you are looking for a Wilton Manors breach of contract attorney, the first thing worth knowing is that Florida sorts contract claims by how the deal was documented. A claim founded on a written instrument carries a five-year limitations period. A claim built on an oral or implied agreement carries four years. Those periods are generous compared with other civil claims, but they are not the only deadline that matters, and some remedies are far less forgiving than the contract claim itself.
Wilton Manors is a small, dense city with a lot of owner-operated commerce along Wilton Drive and Dixie Highway: restaurants, bars, boutiques, salons, professional offices, and a steady flow of residential and investment real estate. Deals in a market like this are often struck between people who know each other, sometimes on a handshake and a few emails. When those deals sour, the documents, or the lack of them, decide how strong the case is.
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 Wilton Manors, Fort Lauderdale, and throughout Broward and Palm Beach Counties. The firm practices as a true legal team, meaning everyone working on a matter knows the file, so a client who calls with a question reaches someone who can answer it. A strict 24 hour return call policy applies when the attorneys are in court, and scheduled conference calls are set at times that work for everyone involved.
Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation. He was admitted to The Florida Bar in 1989, earned his undergraduate degree from Emory University in 1986, and received his law degree from the University of Miami in 1989. Contract enforcement and interpretation have been at the center of his practice for his entire career. Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience in business and real estate cases in state and federal courts.
The firm’s results reflect that focus. After a five-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That outcome matters to anyone whose dispute involves a deal that should have closed, because it shows the firm can carry a contract case through trial and win the remedy the client actually needed, not just a money award.
The firm is also experienced in mediation and arbitration as well as courtroom litigation. Clients often begin by wanting the most aggressive lawyer available. What most of them need is a lawyer who acts as the situation requires, uses finesse where finesse will do, and keeps legal fees in proportion to what is at stake.
Kinds of Contract Disputes We Handle for Wilton Manors Clients
- Purchase and Sale Agreements: Failed closings, buyers or sellers who walk away, disputes over deposits, and sales of businesses where the price, assets, or representations were not delivered as promised.
- Operating and Shareholder Agreements: Breaches by a co-owner who ignores buyout terms, voting rules, or capital contribution obligations, often tied to a broader business divorce.
- Commercial Leases: Disputes between landlords and tenants over rent, build-out obligations, default, termination, and personal guarantees, common among the storefronts and offices of Wilton Drive and surrounding corridors.
- Loan and Financing Documents: Defaults, disputed payoff amounts, guaranties, and claims between private lenders and borrowers on business or real estate loans.
- Construction and Renovation Contracts: Unfinished work, defective work, disputes over change orders, and nonpayment between owners and contractors on commercial and residential projects.
- Unpaid Distributions and Missing Company Money: Cases where a partner or manager cannot account for funds, diverts money, or withholds what the agreement requires be paid out.
- Oral and Handshake Agreements: Deals built on conversations, texts, and a course of dealing, where the case turns on proving what was actually agreed.
- Contracts Between Family Members or Friends: Arrangements among siblings, spouses, in-laws, and close friends who went into business together and now disagree about control, pay, or the future.
What to Do in the Days After a Contract Is Breached
Start by pulling together everything that shows what was promised: the signed agreement and every amendment, the emails and text messages around it, invoices, payment records, and any notice the other side sent or you sent. The wording of the contract and the history of the parties’ dealings drive most of these cases, so a complete file early on saves real time and money. Read the agreement for notice and cure provisions, dispute resolution clauses, and any requirement to mediate or arbitrate before filing, because skipping a required step can cost you leverage.
Next, think about what outcome you actually need. Money damages are the usual remedy, but sometimes the deal itself is the point. A buyer who wants the property, not a refund, needs to know that an action for specific performance carries only a one-year limitations period, much shorter than the five years for a written contract claim. If the breach also involves fraud, that claim runs four years from discovery, capped at twelve years overall. A claim to rescind a contract has its own four-year period. Choosing the wrong remedy, or waiting on a short clock, is the single most expensive mistake in these cases.
Be careful about what you say and do in the meantime. Do not threaten the other side in writing, do not stop performing your own obligations without advice, and do not delete anything. If money or assets are being moved, tell your lawyer immediately, because a court can order emergency relief to stop funds from being spent or transferred while the case is pending.
On the court side, where a case is filed depends on the amount and the defendant. Broward County disputes are heard in the Seventeenth Judicial Circuit, and Palm Beach County disputes in the Fifteenth. Claims up to a threshold amount, which is adjusted periodically, go to county court, and larger claims go to circuit court. Small claims handles the smallest disputes. Broward’s circuit also has a complex business division that hears large business and construction litigation and certain entity dissolutions. Federal court in Fort Lauderdale or West Palm Beach is available when the parties are from different states and the amount in controversy is large enough, which matters for the many out of state owners who hold Florida business interests.
When the Breach Involves a Business Partner or Real Property
Some contract disputes are really ownership disputes in disguise. When a breach by a co-owner leaves the company deadlocked or its assets being wasted, Florida law lets a member of an LLC ask a circuit court for dissolution on grounds that include deadlock with irreparable injury, misappropriation of assets, and a business that cannot reasonably be run under its operating agreement. If the operating agreement contains a deadlock sale provision that is started before the court rules, that provision generally controls instead. For corporations, a shareholder can seek judicial dissolution, and the corporation or other shareholders can elect to buy the petitioner out 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.
Courts in these cases can appoint a receiver or custodian after a hearing and can issue injunctions to preserve company assets. The firm handles temporary and permanent injunctions, including early and emergency relief, for exactly this reason: the contract claim may take months, while the assets can disappear in days.
Real estate adds its own tools. A buyer or seller on a failed closing may seek specific performance. Co-owners who cannot agree on a property may use a partition action, which divides the land or orders it sold with the proceeds split by ownership share. Where the dispute is about who holds title, a quiet title action asks the court to clear competing claims.
Common Questions About Breach of Contract Claims in Wilton Manors
How long do I have to sue for breach of contract in Florida?
For a contract founded on a written instrument, the limitations period is five years. For an oral or implied contract, it is four years. Recent changes to the negligence statute did not alter the written contract period. The clock generally starts when the breach occurs, so confirm the date early.
Does an oral agreement count as a contract?
It can. Florida enforces many oral agreements, but proving the terms is harder, and certain categories of agreements must be in writing to be enforceable. Emails, texts, payment history, and how the parties actually behaved often fill the gap.
What is the difference between damages and specific performance?
Damages is money to compensate for the loss. Specific performance is a court order requiring the other party to do what the contract promised, such as closing on a property. Specific performance is a one-year claim, so it requires faster action than a damages claim on a written contract.
Can I sue if the other side breached only part of the agreement?
Yes. A partial or material breach can support a claim even when the rest of the deal continues. Whether you may stop performing your own side depends on how serious the breach is and what the agreement says, so get advice before you do.
Do I have to go to court, or can this be settled?
Many contract disputes resolve through negotiation, mediation, or arbitration. Some agreements require one of those steps before suit. The firm pursues the path most likely to reach your goal efficiently and does not draw out a case for its own sake.
Which court will hear my case?
That depends on the amount in controversy and where the defendant is located. Broward County cases go through the Seventeenth Judicial Circuit and Palm Beach County cases through the Fifteenth. Smaller claims are heard in county court, larger ones in circuit court, and some cases belong in federal court.
What if my business partner is the one who breached?
You may have claims for breach of the operating or shareholder agreement, breach of fiduciary duty, an accounting, and recovery of funds, along with remedies like a buyout or dissolution. The right mix depends on your governing documents and the conduct involved.
Can I recover attorney fees in a contract case?
Only if the contract or a statute provides for them. Many commercial agreements include a fee-shifting clause, so check yours. The answer affects how aggressively a case should be pursued relative to its value.
I live out of state but my contract is tied to a Wilton Manors business. Can you help?
Yes. The firm regularly represents clients from New York, New Jersey, and Connecticut with Florida business or real estate interests, handles the local court appearances, and keeps you informed so you do not have to travel for every hearing.
Is it worth hiring a lawyer for a smaller contract dispute?
Often a letter from counsel, or a focused mediation, resolves a smaller dispute without a full lawsuit. A short consultation can tell you whether the claim justifies the cost, whether small claims or county court fits, and whether the contract gives you leverage such as a fee clause.
What if I signed a contract and now want out?
It depends on the agreement and the circumstances. Some contracts allow termination with notice, and in limited situations rescission may be available, which carries a four-year period. Walking away without checking the terms can create a breach claim against you.
Serving Breach of Contract Clients Across Broward and Palm Beach Counties
The firm represents Wilton Manors clients and the neighbors who share its commercial corridors, including owners in Oakland Park, Fort Lauderdale, and Lauderdale-by-the-Sea. Across Broward County, the team also serves clients in Pompano Beach, Deerfield Beach, Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Sunrise, Plantation, Davie, Weston, Pembroke Pines, Miramar, Hollywood, Hallandale Beach, and Dania Beach.
To the north, the firm serves clients throughout Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth Beach, West Palm Beach, Palm Beach Gardens, Jupiter, and Royal Palm Beach. Clients bring disputes involving commercial leases, partnership agreements, real estate closings, and company funds, and many are owners from New York, New Jersey, and Connecticut with interests in the region.
Speak With a Wilton Manors Breach of Contract Lawyer
When a contract has been broken, the deadline that applies to you depends on the remedy you need, and the evidence is easiest to preserve early. If you want to talk through your agreement, your options, and the likely cost of pursuing or defending the claim, call the Andrew M. Schwartz Legal Team to schedule a consultation with a Wilton Manors breach of contract lawyer who will tell you plainly where your case stands.