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Breach of Contract
Breach of contract in Florida? We pursue full damages and enforce your rights against the party who broke the agreement.
Breach of Contract in Florida
A breach of contract occurs when one party fails to perform a duty the agreement requires and has no legal excuse for the failure. To win a breach claim in Florida you generally must prove three things: that a valid contract existed, that you performed your obligations or were excused from them, and that the other side's breach caused you damages. The remedy is usually money intended to put you in the position you would have occupied had the contract been honored.
Florida law distinguishes between a minor breach, which entitles you to damages but still requires both sides to keep performing, and a material breach, which is serious enough to defeat the purpose of the contract and can excuse you from further performance. Identifying which type you face is essential, because treating a minor breach as material, or the reverse, can expose you to your own liability.
Damages can include direct losses, consequential losses that were foreseeable when the contract was formed, and sometimes amounts fixed in a liquidated-damages clause. Florida also generally requires the non-breaching party to take reasonable steps to mitigate, or limit, their losses.
This is part of our Contract Law practice. We also pursue enforcement of contract and, for unique assets, specific performance. Review our case results, learn about Attorney Edward G. Jimenez, or request a free consultation by calling (321) 465-3425.
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Minor vs. Material Breach
The size of a breach controls your options. A minor breach, such as a small delay that does not defeat the deal, entitles you to damages but still requires you to perform your side. A material breach goes to the heart of the agreement and can relieve you of further obligations while letting you sue for the full loss. Because misjudging this can turn you into the breaching party, it is worth confirming the breach's severity before you stop performing or terminate the contract.
Calculating Your Damages
Florida aims to make the non-breaching party whole. That typically means expectation damages, the amount needed to give you the benefit of the bargain, and can include foreseeable consequential damages and any agreed liquidated damages. You also have a duty to mitigate by taking reasonable steps to limit your losses. We document every category of loss with contracts, invoices, and records so the demand reflects the true cost of the breach rather than an easily disputed estimate.
Preserve Evidence and Act on Time
Florida sets statutes of limitations for contract claims, generally longer for written contracts than oral ones, so waiting can cost you the claim entirely. Keep the contract, change orders, invoices, and all communications, and avoid statements that could be read as excusing the breach. The earlier we get involved, the more leverage you keep through demand, negotiation, or suit. Call Jimenez Legal at (321) 465-3425 or request a free consultation.
Frequently Asked Questions
A breach happens when a party fails to perform an obligation the contract requires, such as payment or delivery.
Often the amount needed to put you in the position you would have been in had the contract been performed.
A material breach is a significant failure that defeats the contract's purpose and can excuse the other party's performance.
Florida sets statutes of limitations for written and oral contracts, so consult an attorney promptly to avoid missing deadlines.
Not always; many breach disputes resolve through negotiation or settlement before trial.
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