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 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. First, there must have been a valid contract. Second, there must have been a material breach of that contract. And third, you must have 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. A valid offer is one that is clear and definite and gives the power of acceptance to the other party. Offers can either be verbal or written.
Florida law also allows for something called a firm offer. A firm offer is 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 is also a crucial element of a valid contract. The person with the power to accept the offer, or the offeree, must accept the terms of the agreement without any changes or modifications. Further, the offeree must communicate to the person who made the offer, or the offeror, that they have accepted the agreement.
Lastly, when a court considers the validity of a contract, it will also require 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. For example, if a merchant agrees to sell 100 widgets to a vendor for $100, the exchange of value is considered to be valid consideration. If you are unsure whether you had a valid contract, a contract lawyer can review your agreement and let you know if it was valid under Florida law. Speak with an attorney about your breach of contract.
Material Breaches
Next, 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. 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.
Damages
To sue under a theory of breach of contract, the non-breaching party must have incurred damages as a result of the breach. 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; and
- 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.
Case Spotlight
Ahawke
Breach of ContractOur client Ahawke provides a high level of service in their industry. Ahawke was consulted with to provide their services for a company that was interested in them. The company that consulted with Ahawke entered a contract to get their services, which included an agreement of non-compete nor solicitation of employees. The issue arose when the company solicited and flipped Ahawke’s COO. They convinced him to quit and hired him the next day.
They proceeded to do the same thing with a team of essential employees. This was a breach of contract with Ahawke. BrewerLong sued the company and personally sued the former COO for their poor conduct and breach of contract. The company was sued in the Federal Court of Georgia and the COO was sued in Florida. By separating the conspirators, BrewerLong was able to get the COO to execute an affidavit as part of his settlement to help us win in Federal Court. BrewerLong navigated multiple courts and states to get Ahawke millions in settlement.
How to File a Breach of Contract Lawsuit
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 itself, any relevant receipts, and any proof of damages.
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 will be able to file the claim with the court on your behalf and help you follow the proper rules and procedures.
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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