Breach of Contract Attorneys
Representing businesses and business owners when a contract is broken, on both sides of the dispute, in court and in arbitration.
A breach of contract case is decided by three things: what the contract says, what each side actually did, and what the correspondence shows they understood at the time. In Florida, an action on a written contract must be brought within five years under section 95.11(2)(b), and an action on an unwritten contract within four years under section 95.11(3)(j).
Industria Business Lawyers represents companies and their owners in contract disputes as the party enforcing the agreement and as the party accused of breaking it, in Florida’s courts, in arbitration, and on appeal. Every matter is assessed on its own facts. Some contract disputes are better resolved by a demand letter and a renegotiated agreement than by a lawsuit, and the firm says so at the outset when that is the case. A consultation is free.
Contract Disputes We Handle
Most commercial contract disputes fall into a small number of patterns. The pattern decides the evidence that matters and the remedy that fits.
Non-Payment and Non-Performance
The other side did not pay, did not deliver, or delivered late. Supply and service agreements, licenses, leases, and purchase agreements. The performance record and the invoices are the evidence; the question is usually whether a condition to payment was met and whether the non-performing party had an excuse the contract allows.
Defective Performance
What was delivered was not what was promised: goods that did not conform, services that did not meet the specification, software that did not work. Notice provisions, cure periods, and warranty terms decide these, which is why the contract is read before the complaint.
Anticipatory Breach and Termination Disputes
One side announced it would not perform, or terminated the agreement on grounds the other side disputes. Whether the termination was valid, and what each side owes after it, turns on the termination clause and the notices exchanged.
Oral and Implied Contracts
Deals that were never fully written down. Florida enforces oral agreements in many circumstances, subject to the statute of frauds, and an action on a contract not founded on a written instrument must be brought within four years under section 95.11(3)(j), Florida Statutes.
Guaranties, Notes, and Commercial Collection
Promissory notes, personal guaranties of business debt, and unpaid invoices, through judgment and collection. A judgment is a piece of paper until it is collected, so whether the other side has assets is assessed before suit.
Fraud in the Inducement and Rescission
A contract signed because of a statement that was not true. The remedy may be damages or rescission, which unwinds the deal. An action founded on fraud, and an action to rescind a contract, must each be brought within four years under sections 95.11(3)(i) and (k).
Deadlines, Remedies, and the Statutes That Shift Costs
Several parts of Florida law shape every contract case before it is filed.
The deadlines. Under section 95.11(2)(b), Florida Statutes, an action on a contract, obligation, or liability founded on a written instrument must be brought within five years. Under section 95.11(3)(j), an action on a contract not founded on a written instrument must be brought within four years. Fraud and rescission carry four years under sections 95.11(3)(i) and (k). For a contract claim the period usually runs from the breach, and for fraud it runs from when the facts were or should have been discovered, up to 12 years after the fraud, under section 95.031(2)(a); a contract’s own notice and cure provisions can change when a breach occurs, and a party that waits to see whether the other side will make good can find that the waiting has consumed the time it had.
The remedies. Money damages that put the injured party where it would have been had the contract been performed, including consequential damages and lost profits where the contract and the governing law allow them. Specific performance where money is not an adequate substitute, such as the transfer of a unique asset, but an action for specific performance must be brought within one year under section 95.11(6)(a), Florida Statutes. Rescission where the contract was induced by fraud or mistake. Injunctions where a party is about to do something the contract forbids. Attorney fees where the contract provides for them, which many commercial contracts do.
The cost-shifting statutes. Section 768.79, Florida Statutes, allows either side to serve a formal offer of judgment; a party that rejects it and then does worse at trial by the statutory margin can be made to pay the other side’s fees and costs from the date of the offer. Section 57.105 allows a court to award fees against a party and its lawyer for a claim or defense with no support in fact or law. Section 44.102 requires a court to refer a filed civil action for monetary damages to mediation on a party’s request, if the requesting party is willing and able to pay the costs or the costs can be equitably divided, subject to the exceptions listed in that section, and Florida courts often order it before trial in business cases. Together these statutes mean a contract case in Florida rarely reaches trial without a serious settlement conversation.
The forum. A contract dispute in Florida is heard in circuit court under section 26.012 when the amount in controversy exceeds $50,000, and in county court under section 34.01 when it does not. Many commercial contracts select a different forum or require arbitration; the dispute resolution clause is the first thing the firm reads.
Read more...
They consistently deliver thorough and timely work. We wholeheartedly recommend IBL.”
Client testimonials describe individual experiences. You may not obtain the same or similar results.
Read more...
I would recommend working with Aaron and team.”
Client testimonials describe individual experiences. You may not obtain the same or similar results.
Read more...
As a result, we’ve continued to rely on them as our go-to legal counsel for ongoing corporate matters.”
Client testimonials describe individual experiences. You may not obtain the same or similar results.
Read more...
The attorneys were incredibly responsive, guiding me through every step of the process with clarity and professionalism.
They took the time to address all my questions and concerns, ensuring that I felt confident in each decision we made. Their attention to detail and thoroughness were evident in the documents they prepared, which gave me peace of mind. What stood out most was their commitment to my vision. They not only provided legal advice but also offered valuable insights into the industry, helping me navigate potential challenges and seize opportunities.
Overall, working with IBL was a fantastic experience. They made a complex process manageable and stress-free. Thank you for your outstanding support.”
Client testimonials describe individual experiences. You may not obtain the same or similar results.
How We Work a Contract Dispute
The agreement with every amendment, the performance record, and the correspondence, read together.
The claims, the defenses, the forum, the deadline, the likely damages, whether fees shift, and whether the other side can pay: a recommendation to demand, renegotiate, or file.
A written demand that sets out the breach, the amount, and a deadline, and that satisfies any notice and cure provision in the contract. Many disputes end here.
The complaint in the court the contract points to, or, on the defense side, the answer or motion to dismiss inside the deadline, with any counterclaim.
Contracts, correspondence, accounting records, and depositions of the people who negotiated and performed the agreement.
Court-ordered mediation with the damages evidence in hand, and a section 768.79 offer timed to shift the risk of trial onto the other side.
Cases that do not settle are tried; a judgment is enforced through post-judgment discovery, garnishment, and liens.
FAQ
01 • Businesses and Owners Is an oral agreement enforceable in Florida?
Often, yes, subject to the statute of frauds, which requires certain agreements to be in writing. The evidence is the correspondence and the parties’ conduct. An action on an oral contract must be brought within four years under section 95.11(3)(j), Florida Statutes.
02 • Businesses and Owners The contract says nothing about attorney fees. Can I recover them?
In Florida, fees shift to the winning party only where a contract or a statute provides for it. Section 768.79 (offers of judgment) and section 57.105 (unsupported claims) are the two statutes most often used in a contract case.
03 • Businesses and Owners Which court hears a contract dispute in Florida?
Circuit court under section 26.012 when the amount in controversy exceeds $50,000, and county court under section 34.01 when it does not, unless the contract selects a different forum or requires arbitration.
04 • Businesses and Owners How long does a breach of contract case take in Florida?
It depends on the court’s calendar, the complexity of discovery, and whether the parties mediate early. Some matters resolve within months at the demand stage; a contested case that goes through discovery and trial takes considerably longer. The firm gives an estimate for the specific matter once it has reviewed the documents.
05 • Businesses and Owners What should I bring to the first call?
The contract with every amendment; the emails and messages in which the deal and the dispute were discussed, in date order; invoices, statements, and payment records; any demand letters or court papers; and a one-page timeline with a rough figure for the amount in dispute.
Businesses and business owners on either side of a contract dispute. Call (202) 860-1210 or describe the dispute briefly through the form, and the firm will ask for the contract after its conflict check. Free consultation. Every matter is reviewed on its own facts.
This page provides general information about breach of contract claims under Florida law and does not constitute legal advice. Reading it does not create an attorney-client relationship with Industria Business Lawyers. Whether a claim or defense exists depends on the contract, the facts, and the law in force. Florida statutes cited: sections 26.012, 34.01, 44.102, 57.105, 95.031, 95.11, and 768.79, Florida Statutes (2026), read at flsenate.gov in September 2026.