The Impact Of A Breach Of Contract In Florida – What Do I Need To Know?

The impact of a breach of contract in Florida can be monumental, which is why you need to make sure you understand breach of contract basics before you sign any contract. Read on to learn what you need to know about the impact of a breach of contract in Florida and how Jurado & Farshchian, P.L. can help you create strategies to mitigate that impact.

Breach of Contract Basics

As you know, every contract requires each of the parties to carry out certain tasks, which usually involves one party providing products or services and the other party paying for them. However, generally, there are additional requirements, such as deadlines, specifications of the products or services, accepted payment methods, etc. Failure to carry out the required tasks properly and timely by either party will constitute a breach of the contract.

In Florida, a breach of contract may be classified in two different ways:

• Based on when the breach occurs:
• Anticipatory breach or renunciation of the contract. This is when one of the parties shows a clear intention not to carry out the required tasks. This type of breach of contract can occur either if the breaching party lets the other party know they do not intend to honor the contract or if the breaching party takes actions that clearly show they do not intend to honor the contract.
• Actual breach. This is when one of the parties fails to fulfill a particular contractual obligation properly within the required timeframe. This is the most common type of breach of contract in Florida.
• Based on the seriousness of the breach:
• Minor breach or immaterial breach. This refers to a breach of contract that does not affect the non-breaching significantly. Depending on whether there is evidence showing there was a financial loss resulting from the breach, the non-breaching party may or may not pursue legal remedies.
• Material breach. This type of breach of contract significantly affects the non-breaching party. A material breach of contract occurs when a party fails to fulfill any of its contractual obligations, fails to fulfill them on time, or fails to carry out the necessary tasks properly even if he or she does it on time. When a material breach of contract occurs, it allows the non-breaching party to consider the contract terminated as well as pursue legal remedies.

When a Breach of Contract Occurs

When a breach of contract occurs, the first step the non-breaching party should take is to give the breaching party notice of the breach, which should be done in writing. However, sometimes, giving notice is not enough to resolve the issue, and filing a lawsuit against the breaching party is the only logical way to do so. In a breach of contract lawsuit, non-breaching parties must be able to prove certain facts, which are:

1. That there was a contract;
2. That the defendant breached the contract; and
3. That the non-breaching party suffered some kind of damage.

Non-breaching parties who intend to file a breach of contract lawsuit must do so within four years from the date of the breach.

If the contract was in writing, to prove the first fact, all a non-breaching party has to do is provide a copy of the written contract. Proving breach of a verbal contract can be extremely difficult, as it usually involves the testimony of one or both parties as well as of any other person that was present when the parties discussed and agreed to the terms.

Keep in mind that, under state law, certain types of contracts must be in writing in order to be enforceable in court. These types of contracts include contracts involving real estate or any contract that will take longer than a year to complete.

We Can Help You Mitigate the Impact of a Breach of Contract in Florida

When it comes to mitigating the impact of a breach of contract in Florida, working with a qualified attorney is vital. If someone’s failure to fulfill his or her contractual obligations has negatively affected you, we can help you. While remedying a breach of contract will not give you the full satisfaction of having the contract honored, it can help compensate you to some extent. Contact Jurado & Farshchian, P.L. today to learn more about how you can mitigate the impact of a breach of contract in Florida and how our skilled attorneys can help you. Call us at (305) 921-0440 or schedule a consultation with us by sending an email today at [email protected].