How to Sue for Breach of Contract in Florida

• April 21, 2023
• Contract Law

Contracts are necessary in all different types of scenarios, from buying and selling goods to real estate transactions. When you enter into a contract, you expect the other party to perform their obligations under the agreement. However, breaches of contract still occur all the time in Florida. Thankfully, the law recognizes that contracts serve an important societal function and provides remedies to the party that was harmed by a breach.

If you have suffered damages as a result of a breach of contract, speak with a BrewerLong contract lawyer today and get the justice and compensation that you deserve. Our seasoned attorneys have decades of experience dealing with contract breach claims and they are available to help you file a claim as well. 

In this article, we will discuss how to sue for breach of contract in Florida and some basics about Florida breach of contract lawsuits.

Suing for Breach of Contract in Florida 

To sue for breach of contract in Florida, you must meet three criteria:

• A valid contract between the parties existed;
• A party materially breached that contract; and
• You incurred damages as a result of the breach.

Below, we go over these elements in more detail. 

Valid Contracts

In Florida, a valid contract consists of three things:

• An offer, 
• Acceptance, and 
• Consideration.

These three requirements are essential to meet the first breach of contract elements in Florida.

Offer

Contracts begin with one party—the offeror—extending an offer to another. To be valid, an offer should be clear, definite, and give the power of acceptance to the other party. An offer is clear if an ordinary person in the parties’ circumstances can understand its terms. It is definite if specific and genuine, not theoretical or unserious. For an offer to give the power of acceptance, it must indicate how the other party can agree. 

Offers can either be verbal or written. However, some contracts must be in writing, including those for construction, real estate, and sales of goods or services.

Usually, an offeror may revoke an offer at any time before the other party accepts it. However, Florida law also allows for something called a firm offer. A firm offer occurs when the offering party agrees to hold an offer open for a certain amount of time, and they cannot revoke that offer during the allotted time period. If someone revokes a firm offer before the time period has run, you may be able to sue for breach. 

Acceptance

Acceptance is also a crucial element of a valid contract.  For acceptance to be valid, the person with the power to accept the offer the offeree must accept the proposed terms of the agreement without any changes or modifications. Further, the offeree must communicate to the person who made the offer(the offeror), that they accept the agreement. 

You may communicate acceptance orally, in writing, or by beginning contract performance. You should communicate your acceptance based on the offer’s terms and format. So, if you receive an offer in writing, you should accept it in writing.

Instead of accepting, an offeree may propose alternative terms—make a counteroffer. 

Consideration

Lastly, when a court considers the validity of a contract, it also requires something called consideration. Consideration is a legal term of art that means an exchange of value. So, the parties to a contract must each give something of value to the other. In other words, each party must promise to do something or refrain from doing something to make the contract valid. You offer to do something by, for example, proposing you give the other party money in exchange for goods or services. You offer to refrain from doing something if, for example, you agree to stop selling a particular good in exchange for a lump sum.

Crucially, what you promise to do or refrain from doing must have value. For example, if a merchant agrees to sell 100 widgets to a vendor for $100, the exchange of value money for goods—is a valid is considered to be valid consideration. However, if a merchant agrees to trade 100 widgets to their friend in exchange for an ordinary gum wrapper, valid consideration may not exist. Instead, the law would likely regard the exchange as a gift—not a contract. If you are unsure whether you have a valid contract, a contract lawyer can review your agreement and let you know if it is valid under Florida law. Speak with an attorney about your breach of contract.

Material Breaches 

Next, a party must breach. You breach a contract if you do something inconsistent with it or fail to act as it requires. 

Consider a contract: Party A agrees to create a sculpture to be unveiled at Party B’s upcoming birthday bash. Party B agrees to pay Party A an hourly rate for their work. The parties agree the sculpture should depict a dragon and be between 48 and 60 inches tall.

Party A could breach the contract by:

• Not making a sculpture,
• Not completing the sculpture in time,
• Making a sculpture of a different creature, or
• Making a sculpture with different dimensions.

Party B could breach the contract by failing to pay for completed work.

Florida law requires that a breach of contract be material. If you are unfamiliar with contract law, this may be a new concept to you. However, in its simplest form, a material breach is one that goes towards the “essence of a contract.” In other words, the breach must have negated the purpose of the contract itself.  If the offer were for what actually occurred, the offeree would not have accepted it. For instance, if a merchant failed to deliver the goods you agreed to pay for, this would be a material breach because the purpose of the contract was to exchange specific goods for an agreed upon price. 

Or, in the sculpture example, assume Party A completes a dragon sculpture that meets the contract’s specifications except that it only measures 44 inches tall. While the height falling outside the specified range is a breach, it may or may not be material, depending on the other circumstances. 

It may be material if the sculpture’s height was a key element of the contract, like if Party B had specific plans only a sculpture at least 48 inches could satisfy. However, the breach may not be material if, all other things being equal, Party B still would have contracted with Party A to create the shorter sculpture.

Damages 

To sue for under a theory of breach of contract in Florida, the non-breaching party must have incurred damages as a result of the breach. You may recover damages for financial harms, like expenses incurred because of the breach, loss of time, or loss of opportunities. Generally, you recover your actual costs.
Some common types of damages include: 

• Compensatory damages which intend to compensate the non-breaching party for losses that occurred as a direct result of the breach.
• Consequential damages which compensate the non-breaching party for losses that occurred as a result of their attempt to make up for the breach.
• Liquidated damages which are damages that have been agreed upon by the parties in advance, usually through a clause in the contract. 

Depending on the type of contract that was breached, you may be able to recover compensatory, consequential, or liquidated damages. 

How to File a Breach of Contract Lawsuit 

To sue for breach of contract, contact a contract lawyer. Your lawyer will guide you through filing, negotiating, settling, and, if necessary, courtroom litigation.

Step 1: Gather Evidence 

The first step in any breach of contract claim is to gather documentation relating to the breach. You will need the contract, relevant receipts, and any proof of damages.  Proof of damages may include bills, contracts you entered to rectify the breach, and any other documentation of costs the breach caused you to incur.

Step 2: Hire a Contract Lawyer 

Once you have gathered all the relevant documentation, you should reach out to a contract lawyer. A contract lawyer can file the claim with the court on your behalf and help you follow the proper rules and procedures. 

Step 3: Suing for Breach of Contract

Suing for breach of contract begins with filing a lawsuit. Your lawyer handles the filing process, keeps you up-to-date on case developments, and negotiates with the other party.

You can still settle out of court if you come to terms before you receive a decision. If you do not settle, you and your lawyer will present your evidence in a court hearing before a judge or jury who decides the case outcome.

Frequently Asked Questions 

What Are the Elements of a Valid Contract?

Every valid contract must include the following:

• Offer—a party proposes clear and definite terms of exchange;
• Acceptance—another party agrees to those terms and communicates their acceptance; and
• Consideration—what each party plans to exchange has value.

Usually, offer and acceptance should be in the same form—written, oral, or by conduct.

What Are the Breach of Contract Elements in Florida?

To successfully sue for breach of contract in Florida, you must provide evidence of the following Florida breach of contract elements:

• Valid contract,
• Material breach, and
• Damages (harm).

You must prove all three elements exist.

What Is the Difference Between a Material and an Immaterial Breach? 

A material breach affects the reasons you entered into the contract, while an immaterial breach does not. For example, if you hire a construction company to build a house with three bedrooms and it builds a toolshed, the company would materially breach the contract. However, if it builds a three-bedroom house but paints it a different color than you requested, it may not materially breach the contract.

What Can You Recover in a Breach of Contract Lawsuit?

Generally, you can recover compensation for costs you incurred or opportunities you lost due to the breach. This compensation comes in the form of damages and is typically limited to specific, provable amounts.

BrewerLong Is Here for You 

When a party to a contract doesn’t follow through on their obligations, it can not only be frustrating but can also cause the non-breaching party to incur significant financial losses. At BrewerLong, we can help you protect your legal rights and file a legal claim against the at-fault party. 

At BrewerLong, our team of attorneys has the tools and expertise necessary to help you in even the most complex contract matters. To see what our previous clients have said about us, you can check out our testimonials. To schedule a consultation, you can reach out to us online or by phone at 407-660-2964. There are important deadlines to meet in every breach of contract case, so please don’t hesitate to contact us today.

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Michael Long

Michael Long, a distinguished Business and Litigation Attorney at BrewerLong, brings a unique blend of tenacity and insight to his practice, honed from his time as a decorated combat veteran in the Marines. Specializing in complex litigation, Michael adeptly navigates the intricacies of business break-ups, professional liability, and a wide array of disputes encompassing tax, trust, real estate, contract, intellectual property, and loan issues. His expertise extends to business counseling, where he skillfully handles commercial contracts, company creation, intellectual property challenges, and more. Michael’s approach is holistic; he leverages his transactional and litigation experience to foresee and tactically address both immediate and long-term client needs, ensuring practical, cost-effective solutions that maximize benefits while minimizing risks. His commitment to excellence is evident in his affiliations with prestigious organizations like the American Legion, Central Florida Christian Chamber of Commerce, and the Orange County Bar Association, among others. He’s a committed advocate, driven by a passion to deliver results and justice for his clients.

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