In Florida, the statute of limitations for breach of contract depends on the type of agreement and the remedy being requested. A written contract claim is generally subject to a five-year deadline, while an oral or unwritten contract claim is generally subject to a four-year deadline. If the lawsuit asks for specific performance, the deadline may be only one year.
The clock usually starts when the contract claim accrues, which Florida law defines as the time when the last element of the cause of action occurs. In many breach of contract disputes, that means the deadline starts when the breach happens, not when the business finally realizes how expensive the breach became.
Business simply is not done like it was in the old days anymore. A firm handshake and a nice meal are no longer substitutes for a solidly written contract. Florida business owners now want to enter into a written contract that outlines what each party is obligated to do and what each party will receive in return. Sadly, most business owners also want to know what levers to pull if something under the contract goes wrong and how long they have to bring a claim for compensation if the contract is breached.
Because we cannot predict the future the day the contract is signed, understanding the Florida statute of limitations for breach of contract is essential in a business owner’s toolkit. If a party fails to follow the terms of the contract, what are the other party’s options? The BrewerLong team will walk you through some key scenarios when a party breaches a contract and some basic tools for understanding Florida’s statute for breach of contract and how it might apply to your business situations.
What Is a Statute of Limitations?
A statute of limitations on a breach of contract is a law that specifies the maximum amount of time parties have to bring a claim for any specific issue. Most states have statutes of limitations for virtually all civil and criminal actions. A statute of limitations is important because, after a certain point, it may not be fair or in the best interest of the law to bring a claim.
For instance, allowing a landlord to file a claim 40 years after the fact for breach of contract when a resident made a minor mistake in payment or broke the terms of a lease might permit the landlord to charge 40 years’ worth of interest or penalties. Such actions would not be fair or in the best interest of law and public policy. Therefore, most states have put limits on how far in time from the breach of contract an action for damages can be filed. Florida is no exception.
A contract law attorney can explain the law and terms of your contract as well as provide advice on how to proceed. We can also answer any other questions you might have about any potential strategies on how to proceed with a contract law claim.
Is There a Statute of Limitations on Breach of Contract in Florida?
In Florida, the statute of limitations for filing a breach of written contract lawsuit is five years. This means that a plaintiff has five years from the date of the breach to file a claim in court. Whether your ultimate plan is to bring the case all the way to trial or your goal is to settle the case, you still must file a cause of action for breach of a written contract with a court within five years.
If the cause of action is based upon an oral agreement, then the statute of limitations for a breached contract made orally applies. This is a four-year statute of limitations instead of five. Lawsuits that rely on proving the breach of an oral contract can also encounter some difficulties in gathering evidence, so be sure to have a careful conversation with experienced counsel.
If you are uninterested in monetary damages and your goal is to have the other party actually perform on the contract, then a slightly different set of rules may apply. This remedy is called “specific performance,” meaning that you simply want the other party to perform their responsibilities under the contract. A judge or court might consider many different factors when determining whether specific performance is an appropriate remedy. If there is not another adequate way to make you whole or in a similar position to the one you would be in had your counterparty performed the contract, then specific performance may be the best solution. Lawsuits asking for specific performance must be filed within one year of the alleged breach.
If you are dealing with a breach of contract issue, BrewerLong can help. An experienced member of our team can speak with you to help determine if we would be able to assist you in pursuing your breach of contract claims.
How BrewerLong Can Help
BrewerLong represents business and commercial clients in breach of contract cases. We routinely litigate these types of cases, so we have the experience necessary to know what to look for when there’s a contract dispute. Our firm emphasizes the importance of a client-centered and skillful law practice, which our clients praise us for and value. We’ve been investing our time and energy in our clients and the community we serve since 2008. We’re here to help answer your questions and tailor a contract dispute resolution plan to fit your situation. Call us today or contact us online.
FAQs
What is the statute of limitations for breach of a written contract in Florida?
Florida generally gives five years to file a legal or equitable action on a contract, obligation, or liability founded on a written instrument.
What is the statute of limitations for breach of an oral contract in Florida?
Florida generally gives four years to file a legal or equitable action on a contract, obligation, or liability not founded on a written instrument.
When does the statute of limitations start in a Florida breach of contract case?
The deadline generally starts when the cause of action accrues. Florida law says a cause of action accrues when the last element constituting the cause of action occurs.
Is the deadline different if I want specific performance?
Yes. Florida gives one year for an action seeking specific performance of a contract.
What if the contract is for the sale of goods?
A contract for the sale of goods may fall under Florida’s version of UCC Article 2. The general deadline is four years, and the parties may reduce that deadline by original agreement to not less than one year.
Can a Florida contract shorten the statute of limitations?
For many contracts, Florida law says a contract clause that shortens the time to sue below the applicable statute of limitations is void. Sale-of-goods contracts may be treated differently under Fla. Stat. § 672.725.
Can the statute of limitations be paused in Florida?
Sometimes, but Florida tolling rules are narrow. Fla. Stat. § 95.051 lists the circumstances that may toll the limitations period.
Should I wait to sue if we are still negotiating?
No. Negotiations do not automatically stop the statute of limitations. A business should track the deadline, document any written extensions or tolling agreements, and speak with counsel before the filing window becomes an issue.
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