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Breach of Contract

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.

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