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Contract Disputes

Miami Contract Disputes Attorney

Q: What is specific performance and when is it available?

specific performance is a court order requiring the breaching party to perform the contract as agreed, rather than paying money damages. It is an equitable remedy and is generally available where money damages would be inadequate. The most common context is real estate contracts and contracts for unique goods. Standard money-damages contracts rarely qualify for specific performance.

Florida contract claims across Miami-Dade and South Florida turn on the written record, performance history, and notice compliance. The leverage available depends on how early the dispute is handled and what the contract states on its face.

Florida statute of limitations on a written contract is 5 years. The clock generally runs from the date of breach. Oral contracts and certain related claims have shorter windows. Eligibility for relief can close before parties realize the dispute has already aged.

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Years of Practice

Florida Bar member since 1989

1989

Florida Bar Licensed

University of Miami School of Law

State & Federal

Court Admission

SDFL (1991), MDFL (2001)

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Practice Model

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Common Questions

Frequently Asked Questions

What counts as a breach of contract in Florida?+

A breach generally requires (1) a valid contract, (2) a material failure of performance by one party, (3) notice or default to the extent the contract requires it, and (4) damages. The breach must be material rather than trivial. Minor or technical departures from contract terms may not give rise to a claim if the essential purpose of the contract was substantially performed.

How long do I have to file a contract claim in Florida?+

Florida's statute of limitations for written contracts is 5 years under § 95.11(2)(b). For oral contracts, the limitations period is 4 years under § 95.11(3)(k). The clock generally starts at the date of breach. Missed deadlines can permanently bar a claim, so early review is important. See our full Florida Statute of Limitations reference guide for the complete breakdown by case type.

Do contract disputes always go to trial?+

No. Most contract disputes settle, commonly through pre-suit demand work, motion practice, or mediation. The cases that settle on favorable terms are generally those that have been prepared as if they would proceed to trial. Strong written records, well-drafted pleadings, and credible damages calculations drive strong settlements.

Can I recover attorney's fees in a contract case?+

Sometimes. Florida follows the American Rule, meaning each party bears its own fees unless an exception applies. Many commercial contracts include attorney's fees provisions making fees recoverable to the prevailing party. Florida statutes provide fee-shifting in defined contexts. Florida's offer of judgment statute § 768.79 also enables fee recovery in certain situations.

What is specific performance and when is it available?+

Specific performance is a court order requiring the breaching party to perform the contract as agreed, rather than paying money damages. It is an equitable remedy and is generally available where money damages would be inadequate. The most common context is real estate contracts and contracts for unique goods. Standard money-damages contracts rarely qualify for specific performance.

Does Florida require contracts to be in writing?+

Florida's Statute of Frauds (§ 725.01) requires certain contracts to be in writing to be enforceable, including contracts for the sale of real property, contracts that cannot be performed within one year, agreements to answer for the debt of another, and several others. Outside the Statute of Frauds, oral contracts are generally enforceable, though the limitations period is shorter (4 years rather than 5).

What is a notice and cure provision and why does it matter?+

Many commercial contracts require the non-breaching party to provide written notice of the alleged breach and an opportunity to cure before suit can be filed. Failure to comply with notice and cure provisions can delay or defeat a claim. Florida courts strictly enforce these provisions when they are clear and unambiguous in the contract.

What damages can I recover in a Florida contract case?+

Available damages depend on the contract and the breach, but generally include compensatory damages (the benefit of the bargain), consequential damages (foreseeable losses flowing from the breach), liquidated damages (pre-agreed amounts where enforceable), and in some cases attorney's fees. Equitable remedies such as specific performance and rescission may be available where money damages are inadequate.

When should I speak with a contract disputes attorney?+

As early as possible. Pre-suit work commonly shapes the outcome of a contract dispute more than anything that happens after a complaint is filed. Demand strategy, evidence preservation, statute of limitations analysis, and contractual notice compliance all benefit from early counsel involvement. Delays can harden positions and reduce recovery.

Do you handle contract disputes outside Miami?+

Yes. The firm handles contract disputes across South Florida, including Miami-Dade and Broward counties. Cases are filed in the appropriate state circuit court or federal district court depending on the parties, the amount in controversy, and the contract's forum-selection or choice-of-law provisions.

Categories of Contract Litigation

Layers of Contract Disputes

Most contract litigation falls into one of a few categories. The category drives the strategy, the evidence required, and the realistic outcome. Identifying the right category early shapes the entire approach.

CATEGORY 01

Breach & Performance

Nonperformance, defective performance, missed deadlines, and failure to satisfy contractual duties. in many cases the strongest cases turn on documentation of what was promised, what was delivered, and where the gap is.

CATEGORY 02

Enforcement & Remedies

Compelling compliance, seeking specific performance on real estate or unique-goods contracts, terminating agreements properly, and preserving rights through litigation when negotiation has stalled.

CATEGORY 03

Payment & Recovery

Unpaid invoices, withheld balances, disputed charges, and recovery of amounts owed under business agreements. Document trails of demand, response, and contractual notice generally determine recoverability.

Florida Limitations Periods

Critical Filing Deadlines

Florida contract claims are governed by strict statutes of limitations. The clock generally starts at breach, not at discovery, and missed deadlines can permanently bar a claim. Understanding which window applies is the first step in any contract matter.

Years / Written Contract

Written Contract Claims

Florida Statute § 95.11(2)(b) provides a 5-year statute of limitations for actions on a written contract, obligation, or liability founded on a written instrument. The most common contract claim window.

Years / Oral Contract

Oral Contract Claims

Florida Statute § 95.11(3)(k) provides a 4-year limitations period for actions on a contract, obligation, or liability not founded on a written instrument, including oral and implied contracts.

Years / Fraud

Fraud Claims

Florida Statute § 95.11(3)(j) provides a 4-year limitations period for actions for fraud, commonly raised alongside contract claims when misrepresentation is alleged. Discovery rule may apply for fraud claims, as a distinct category.

Florida Contract Damages Framework

Damages and Remedies Available

Florida law recognizes several categories of damages and equitable remedies for breach of contract. The available recovery depends on the contract terms, the type of breach, and what is proven in the record.

Remedy

Type

What It Covers

Compensatory DamagesStandard money damages

Legal remedy

The benefit of the bargain. Puts the non-breaching party in the position they would have been in had the contract been performed.

Consequential DamagesForeseeable losses

Legal remedy

Indirect losses that flow from the breach and were reasonably foreseeable when the contract was formed (Hadley v. Baxendale rule).

Liquidated DamagesPre-agreed amount

Legal remedy

Damages amount specified in the contract itself. Enforceable when actual damages are difficult to calculate and the amount is a reasonable estimate, not a penalty.

Specific PerformanceCourt-ordered compliance

Equitable remedy

Court order requiring the breaching party to perform the contract as agreed. Available where money damages are inadequate, commonly in real estate and unique-goods cases.

RescissionContract cancellation

Equitable remedy

Court-ordered cancellation of the contract, returning parties to their pre-contract position. in many cases paired with restitution where money has changed hands.

Attorney's FeesFee-shifting

Recovery

Available where the contract contains a fee provision, where a Florida statute provides for fees, or where Florida's offer-of-judgment rule under § 768.79 applies.

Summary of common Florida contract remedies. Available remedies depend on the particular contract, the type of breach, the proof at trial, and applicable equitable defenses. Mitigation of damages is generally required.

Litigation Approach

How a Contract Case Gets Built

Contract cases are won or lost on the documents. The strongest cases are built by people who treat the contract, the email trail, the invoices, and the performance record as the entire case file from day one.

Contract Analysis and the Written Record

Every contract case begins with reading the contract carefully. What was promised, what conditions had to be met, what notice was required, what cure periods applied, and what remedies were specified. The written record around the contract, including emails, invoices, change orders, and meeting notes, is then layered in to show what happened in fact. The narrative that emerges from the documents is generally the case.

In a contract case, the file already contains the verdict. The work is reading it.

Notice, Default, and Procedural Compliance

Florida courts strictly enforce contractual notice and cure provisions. A party that fails to give required notice before filing suit can have the case delayed or dismissed. A party that received deficient notice may have a strong defense regardless of the underlying breach. Procedural compliance, on both sides, carries as much weight as the substantive issue.

Damages Calculation and Proof

Florida law requires damages to be proven with reasonable certainty. Lost profits, consequential damages, and certain other recovery categories carry additional evidentiary thresholds. Mitigation of damages is generally required: a party must take reasonable steps to limit losses, and failure to mitigate reduces recovery. Damages strategy is part of case strategy from the first review.

Settlement Leverage and Litigation Posture

Most contract cases settle. The settlements that produce favorable outcomes are reached because the case has been prepared as if it would be tried. Strong demand letters, well-drafted complaints, careful discovery, and credible damages models create the leverage that produces settlement on terms that work. Cases that get the strongest results are the ones that are ready for trial well before any trial is set.

Related Practice Areas

Related Civil Matters

Contract disputes commonly overlap with other civil litigation areas. Related practices follow different legal frameworks.

Business Disputes

Disputes between companies, partners, or business entities commonly arise from underlying contracts. Coordinated business and contract litigation is common.

Learn More →

Commercial Litigation

High-stakes commercial cases in many cases involve multiple contracts, complex damages, and substantial financial exposure. Commercial framework applies.

Learn More →

Fraud & Misrepresentation

Where a contract dispute involves alleged false statements or concealment, parallel fraud claims can carry different damages and limitations rules.

Learn More →

Civil Litigation

The full Civil Litigation practice area, including injunctions, real estate litigation, and partnership disputes that commonly intersect with contract claims.

Learn More →

Speak With Andre

Direct attorney access at (305) 774-7000

Contract disputes resolve faster and on better terms when counsel is engaged early. The first conversation is the right time to assess the contract, the breach, the deadlines, and the leverage available. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter in most cases creates more options than calling late.

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What Our Clients Say

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He took the time to listen carefully, explain the process, answer our questions, and address our concerns with patience and respect. His professionalism, dedication, and thorough approach gave me peace of mind during what could have been a very stressful experience.
What impressed me most was the trust and confidence he inspired from the very beginning. I truly felt that we were being treated with care, respect, and genuine concern, rather than simply being another case.
Finding an attorney, you can trust is extremely important, especially when dealing with a criminal matter, and I am grateful for the experience we had with him. I would absolutely recommend his services to anyone looking for a knowledgeable, professional, and trustworthy criminal defense attorney.
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Owner's reply
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I really appreciate that Andrew. Thank you.