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Attorney reviewing a contract dispute case in a Florida law office

Contract disputes are one of the most common legal issues South Florida business owners face. Below are direct answers to the questions we hear most often, followed by a brief explanation. For contract drafting and review, see our Business Transactions page. For active disputes, see our Business Litigation page.

What should I do if the other party breaches our contract?

Document the breach in writing, review the contract for any required notice or cure period before you act, and avoid steps like withholding your own performance that could expose you to a counter-claim. Florida contract law generally gives the non-breaching party several remedies, including damages, specific performance in limited cases, or termination, depending on the contract’s terms and the nature of the breach. Before sending a demand letter or filing suit, have an attorney review the agreement’s language on notice, cure, and remedies.

Can I get out of a contract I already signed?

Sometimes, depending on the contract’s terms and the circumstances. Common exits include a termination clause already in the agreement, mutual agreement with the other party, a material breach by the other side that excuses your performance, or, in narrower cases, grounds like fraud, duress, or impossibility. Simply regretting a deal is not, by itself, a legal basis to walk away. Have the specific contract reviewed before assuming you are stuck or free.

What makes a business contract enforceable in Florida?

At minimum, Florida requires an offer, acceptance, consideration, and mutual intent to be bound, with sufficiently definite terms a court could enforce. Certain contracts, including real estate transfers and agreements that cannot be performed within a year, must also be in writing under Florida’s Statute of Frauds. A handshake deal can sometimes be enforceable, but proving its terms becomes much harder without something in writing.

Do I need a lawyer to review a contract before I sign it, or just for disputes?

Contract review before signing is one of the most cost-effective things a business owner can do. Many disputes trace back to vague or missing terms, like payment timing, termination rights, liability caps, or dispute-resolution clauses, that a review would have caught before signing. Waiting until a dispute arises usually means litigating around language that was never written to protect you in the first place.

What should I do before suing over a contract dispute?

Gather all relevant documents (the signed contract, amendments, related correspondence, and evidence of performance or breach), check the contract for any required notice, cure period, or mandatory arbitration/mediation clause, and get a realistic read on what litigation will cost versus what is recoverable. Many contract disputes resolve faster and less expensively through negotiation or arbitration and mediation than through full litigation, though some situations call for going straight to court.

How long do I have to sue over a breach of contract in Florida?

Florida generally allows five years to sue on a written contract and four years on an oral contract, counted from the date of the breach, though certain contract types can shift this. Waiting too long can bar the claim entirely regardless of its merits.