Breach of Contract Attorney Florida
South Florida’s Strategic Approach to Contract Disputes
When a deal breaks down, the consequences can ripple through your business, your career, and your finances. Cadogan Law helps clients across Florida resolve contract disputes efficiently and decisively. If you need a breach of contract attorney in Florida, our team is ready to evaluate your situation and chart a path forward grounded in Florida contract law.
From employment agreements and non-competes to vendor contracts, leases, partnership agreements, and service contracts, we build strategies to enforce your rights or defend against unfounded claims. We translate complex contract language into practical options, align those options to your goals, and pursue the outcome that protects your time and resources.
Call (954) 371-1607 or request your free case evaluation now.
Florida Contract Disputes We Handle
Contract disputes can surface at any stage of a business or employment relationship. Cadogan Law represents plaintiffs and defendants in matters involving alleged nonpayment, failure to deliver goods or services, missed milestones, termination rights, confidentiality breaches, non-solicitation violations, and more. Whether you are seeking to enforce a contract or to limit exposure under a disputed agreement, we prepare your case with litigation in mind and resolution as the objective.
Common contract types we see
- Employment contracts, executive compensation, and severance agreements
- Independent contractor, consulting, and services agreements
- Non-compete, non-solicitation, and confidentiality agreements
- Vendor, supplier, and distribution contracts
- Real estate purchase agreements and commercial leases
- Software licensing and SaaS subscription agreements
- Partnership, operating, and shareholder agreements
What Counts As a Breach Under Florida Contract Law
At its core, a breach occurs when one party fails to do what the contract requires without a valid legal excuse. Under Florida law, most breach claims require showing that a valid contract existed, you fulfilled your obligations or had a legal excuse, the other party failed to perform, and you suffered damages as a result.
Material vs. minor breaches
Not every deviation creates the same legal remedies. A material breach undermines the heart of the bargain and may excuse the non-breaching party from further performance while opening the door to broader damages or termination rights. A minor breach may support damages but still require continued performance. We analyze contract language, industry norms, and the parties’ course of dealing to determine how Florida courts are likely to view the conduct.
Anticipatory breach
If the other side unequivocally indicates they will not perform before performance is due, you may be able to treat that as an anticipatory breach and act to mitigate losses. Timing, documentation, and clear communication are crucial to protect your position.
Remedies Available in Florida Contract Cases
Your goals drive the remedy we pursue. Florida law recognizes a range of remedies depending on the facts and the contract’s terms.
Monetary damages
Expectation damages: Put you in the position you would have been in if the contract had been performed, including lost profits when provable with reasonable certainty.
Reliance damages: Reimburse costs incurred in reasonable reliance on the agreement.
Restitution: Returns benefits unjustly retained by the other party.
Equitable relief
Specific performance: In unique situations, such as real estate or hard-to-replace goods, a court can order performance rather than money damages.
Injunctions: Stop ongoing breaches, for example enforcing non-compete or non-solicitation covenants where appropriate under Florida law.
Attorneys’ fees and costs
Many Florida contracts include prevailing-party fee provisions. Even when a statute or contract is silent, strategic use of proposals for settlement and other litigation tools can impact fee recovery and risk. We evaluate these levers early to influence settlement posture.
Defenses and Pitfalls That Can Decide a Florida Breach Case
Strong cases anticipate the other side’s arguments and address them head-on.
Contract formation and enforceability
Defendants may argue there was no meeting of the minds, essential terms were missing, or consideration failed. In employment and restrictive covenant matters, enforceability often turns on reasonableness, legitimate business interests, and statutory requirements unique to Florida.
Ambiguity and parol evidence
If the contract language is ambiguous, Florida courts may consider outside evidence such as emails, drafts, and industry practice. Careful record collection and chronology building can transform a close call into a compelling narrative.
Performance and cure
Many agreements include notice-and-cure provisions. Missing a contractually required notice can limit remedies. We help clients comply with notice deadlines and preserve rights while attempting to resolve the dispute short of litigation.
Mitigation
Florida law generally requires the non-breaching party to take reasonable steps to reduce damages. Documenting your mitigation efforts can protect recoverability and credibility.
Limitations periods and procedural traps
Strict deadlines apply to bringing contract claims and certain defenses. Waiting too long can jeopardize your rights. Early legal review protects claims and preserves evidence.
Employment Contract Disputes Across Florida
Breach disputes frequently arise in the employment context. Cadogan Law counsels employees, executives, and employers statewide.
Employees and executives
We assess unpaid bonuses or commissions, early termination without contractual cause, severance owed under written agreements, and restrictions that limit your ability to work. When appropriate, we negotiate exit packages that protect compensation and reputation while avoiding unnecessary litigation.
Employers
We help employers enforce confidentiality, non-solicitation, and non-compete agreements when supported by legitimate business interests. We also defend against breach allegations tied to compensation plans, equity vesting, and alleged contract modifications. Our approach emphasizes fast fact development, clear demand or response letters, and a settlement framework that contains risk.
The Cadogan Law Approach to Contract Litigation and Resolution
Our philosophy is simple: build leverage early and resolve disputes efficiently. That begins with understanding your business objectives and the contract’s economics.
Step 1: Contract and facts audit
We review the contract, amendments, statements of work, and communications. We identify governing law, venue, notice clauses, limitation of liability, waiver, integration, and fee-shifting terms that will shape strategy.
Step 2: Case assessment and strategy map
We evaluate the likelihood of success, damages models, and defense themes. We then propose a strategy map covering negotiation, pre-suit notice and cure, mediation, arbitration, or litigation.
Step 3: Demand, defense, or suit
For claimants, we prepare a targeted demand with exhibits that frames the dispute for settlement or court. For defendants, we craft a factual and legal response that undercuts liability and damages while preserving counterclaims and fee leverage.
Step 4: Discovery and motion practice
Where litigation proceeds, we focus discovery on key issues that move valuation. Strategic motion practice can narrow claims, enforce contract terms, and drive favorable resolutions.
Step 5: Resolution and enforcement
We negotiate settlements that close the loop, addressing payment timing, confidentiality, non-disparagement, and enforcement mechanisms. If needed, we pursue judgments and collection.
Arbitration, Mediation, and Court in Florida
Many contracts require arbitration or pre-suit mediation. We handle matters in all three forums.
Arbitration
Arbitration clauses can streamline resolution, but rules and arbitrator selection matter. We align the forum and rules with your goals and budget, and prepare arbitration-ready demands or defenses.
Mediation
Florida courts and arbitration providers frequently require mediation. We prepare detailed, confidential mediation statements to sharpen the issues and explore creative settlement structures like structured payments, supply continuity, or amended performance terms.
Court
When trial is the right path, we litigate in Florida state and federal courts. We manage schedules, discovery, and trial themes focused on credibility and contract economics.
How We Prove or Defend Contract Damages
Quantifying damages often decides the case. We partner with clients and, when needed, financial specialist to build or challenge damages models.
Building a persuasive damages story
We collect invoices, ledgers, sales forecasts, and comparable contracts to support lost profits or expectation damages. We address foreseeability and reasonable certainty with data, not speculation.
Challenging the other side’s numbers
We test assumptions, discount unsupported projections, highlight failure to mitigate, and enforce limitation-of-liability clauses and caps found in many commercial agreements.
Early Steps You Can Take Today
What you do before calling a lawyer can influence outcomes.
Practical to-do list
- Gather the signed contract, amendments, and related statements of work.
- Save communications that show promises, performance, and breach.
- Track costs, losses, and efforts to reduce damages.
- Avoid informal modifications without documenting terms in writing.
- Do not ignore notice-and-cure provisions or settlement offers with deadlines.
Frequently Asked Questions
What should I do first if I think the other party breached the contract in Florida?
Start by reviewing the contract for notice and cure requirements, dispute resolution clauses, and any fee-shifting terms. Preserve emails, texts, invoices, and performance records. Then speak with a Florida breach of contract lawyer to evaluate options and timelines.
Can I recover my attorneys’ fees in a Florida breach of contract case?
Often yes, if the contract includes a prevailing-party provision or a statute applies. We review the contract and procedural tools that may impact fee recovery and settlement leverage.
Do I have to keep performing after the other side breaches?
It depends on whether the breach is material and on what the contract says about termination, suspension, and cure. Stopping performance too soon can create exposure. We assess materiality and guide next steps to protect your rights.
How long do I have to bring a breach of contract claim in Florida?
Deadlines vary by contract type and other factors. Act quickly because waiting can limit your options. We confirm the applicable timeline for your specific agreement and facts.
Is mediation required before filing suit?
Many contracts require pre-suit mediation or arbitration. Courts also frequently order mediation. We review your agreement and local rules to plan the most efficient path.
What if the contract is ambiguous or incomplete?
Florida courts may consider emails, drafts, industry practice, and conduct to interpret ambiguous terms. We develop the factual record and present a clear narrative that supports your position.
Can I seek an injunction to stop an ongoing breach?
Yes, in appropriate cases courts may issue injunctions, for example to enforce confidentiality or non-solicitation obligations. We move quickly to seek or oppose injunctive relief based on the facts and the contract.
Move Forward With Confidence On Your Florida Contract Dispute
Contract problems do not fix themselves. If you are facing a breach issue anywhere in Florida, Cadogan Law can help you protect your rights, control risk, and pursue a practical resolution that fits your goals. Speak with our team today to understand your best next step.
Schedule your free confidential consultation or call (954) 371-1607. We will listen and outline the next steps today.
A Wolf in Sheep's Clothing
Get the Advocate Executives Trust
-
Dual-Sided Employment Law Insight
We've represented both employees and employers, giving us a unique perspective and strategic edge.
-
Big-Firm Pedigree, Bespoke Experience
With roots in one of the largest firms in the country, we deliver both legal firepower and responsive, personalized attention.
-
Aggressive Litigator with a Personal Touch
Known as a “wolf in sheep’s clothing,” Gina blends fierce courtroom presence with empathetic, high-touch client care.
-
Woman-Owned, Executive-Focused
We proudly champion underrepresented voices in high-stakes employment matters across South Florida.
Legal Firepower With A Personal Touch
Five-Star Reviews From Happy Clients
-
“Gina Gadogan is an iron hand in a velvet glove. We were grateful that Gina went beyond our expectations to help us. An attorney not only with a strong hand but with a caring heart. Gina gets the job done!”- Former Client
-
“Gina helped reassure me through everything and gave me sound advice. I felt confident in leaving everything to her and trusting in her expertise. She didn’t sugarcoat anything, which means you get realistic expectations.”- Nicole A.
-
“If there is such a thing as a lawyer who does not have the $ sign stamped on her forehead…Cadogan was it! If you are looking for a “humanitarian” lawyer who is reasonably priced and worth her weight in gold, Cadogan is it!”- George H.
-
“During every step of the process, Gina remained accessible, she kept me informed and continued to recognize that I was wronged, and discriminated against as a result of my disability. My word for Gina is GENUINE.”- Dr. Ampp
-
“She kept me informed throughout the process. As the other side did not want to settle, we ended up in court. She was a real pitbull in the courtroom, almost to the point I had pity for the other side. She was five steps ahead of the other side.”- Serge T.
-
“Our company has used the services of Cadogan Law for the past 3 years. Gina has been totally responsive to our needs. The team has been both a timely and a cost-effective solution for small businesses.”- Kathy G.
-
“Timely, thorough, and compassionate help from Gina regarding a separation / commission dispute. She made a real difference!”- John W.
-
“Gina turned out to be a wonderful choice; her communications with me were excellent and her advice was spot-on, and she was very willing to listen to my input at each step of the process.”- Charlene R.
-
“I had an outstanding experience with Cadogan Law. Their professionalism and responsiveness truly set them apart. The team was incredibly attentive, always keeping me updated and responding promptly my questions.”- Matt G.