A breach of contract occurs when one of the parties involved in the agreement fails to fulfill its obligations. In Florida, breach of contract is not an uncanny situation, as it tends to happen more often than not.
So, what to do when someone incurs a breach of contract? Depending on the situation, the person harmed by the misconduct can file a lawsuit to seek remedy in court.
In this article, you will find out the statute of limitations for breach of contract in Florida.
Breach of Contract in Florida – Checking the Contract’s Validity
Before proceeding with a lawsuit for breach of contract, it is crucial to determine the validity of the contract. In Florida, certain contracts must meet certain parameters to be enforceable.
To ensure the validity of a contract, have an expert attorney in Florida double-check the agreement and review its terms and provisions.
Explaining the Types of Breach of Contract
Currently, there are four types of contract breaches recognizes by the law – material breach, fundamental breach, anticipatory breach, and minor breach.
Material Breach
A material breach of contract happens when there is a failure to perform a part of a contract that permits the other party to ask for damages in court. For instance, let us say you have hired a contractor to build a house and he used windows that are not wind-resistant.
In this case, if the window breaks, you can collect damages for replacing the broken windows with wind-resistant new ones.
Fundamental Breach
A fundamental breach of contract happens when the party harmed by the misconduct can both sue the breaching party for damages and terminate the contract if they wish to.
For example, let us say you have paid a certain supplier for a shipment of nutritional supplements. However, the supplier either did not deliver the products or delivered the wrong products.
In this case, you can sue the supplier and terminate the contract if you want to do so.
Anticipatory Breach
An anticipatory breach of a contract happens when you realize that the other party will fail to satisfy his/her duties under the agreement. In such a case, you can terminate the contract and sue the breaching party for damages before the breach happens.
Nevertheless, providing evidence of anticipatory breach requires an expert approach, so make sure to work with an expert contract attorney in Florida.
Minor Breach
Also known as a partial breach, a minor breach of contract happens when one of the parties involved in a contract fails to satisfy a small part of his/her obligations in the agreement.
Although it is possible to litigate a minor breach of contract in court, it is not easy to provide evidence of actual damages as a result of a minor breach.
For instance, let us say you bought a computer online. When the package arrives, the computer is functioning properly, but you noticed the user manual is either missing or incomplete. In this case, if the seller sends a new and full manual, there is no harm done.
What is the Statute of Limitations for Breach of Contract in Florida? – An Overview
In legal language, the statute of limitations refers to the deadline by which you must file a lawsuit in court. If you miss the deadline for whatever reason, the court will likely dismiss the case.
If you have a case involving a breach of contract, the first step is to act as quickly as possible. In Florida, most lawsuits involving breach of contract have a five-year statute of limitations. Nonetheless, it is crucial to note that the statute of limitations for an oral agreement is four years.
Furthermore, lawsuits involving specific performance breaches usually have a one-year state of limitations.
Preventing Breach of Contract in Florida – Why is it Crucial to Work with an Expert Attorney?
In Florida, although contracts are often standardized, the best approach is to work with an expert attorney to assess your situation and draft a contract to fulfill your needs.
Besides assessing the situation and drafting the ideal contract, an expert legal counselor will help by reviewing the agreement to ensure all essential items were captured and instructing both parties involved in the contract.
Do You Need Help to Deal with a Breach of Contract in Florida? – Talk to Us Immediately
At Jurado & Farshchian, P.L., we have seasoned lawyers with a solid background in both legal knowledge and court trials. Waste no time with uncertainty. Call Attorney Romy B. Jurado at (305) 921-0976 or send us an email at [email protected] to schedule a consultation.
