How to Enforce a Breach of Contract Claim in Florida
How to Enforce a Breach of Contract Claim in Florida
When a party breaks the terms of a valid agreement, the consequences can be costly—especially in a state like Florida, where contracts shape much of the business, real estate, and service industries. Enforcing a breach of contract claim requires an understanding of Florida law, proper documentation, and timely legal action. At Fischler, Friedman, & Bennett P.A., we can provide legal assistance to the Fort Lauderdale public when agreements are violated and financial losses follow.
What Counts as a Breach of Contract in Florida?
A breach occurs when one party fails to perform as agreed. This can mean:
- Not completing work
- Failing to pay on time
- Delivering substandard goods or services
- Violating specific terms in the contract
For a Florida court to recognize a valid claim, the injured party must show:
- A legally binding contract existed
- The other party failed to uphold their obligations
- Damages resulted from that failure
Steps to Enforce a Breach of Contract Claim
1. Review the Contract
Read the agreement carefully. Many contracts contain clauses outlining dispute resolution procedures, notice requirements, or limitations on damages. Following these steps is essential before taking formal action.
2. Gather Evidence
Strong documentation strengthens your claim. This may include:
- The written contract
- Email communications
- Payment records
- Photos, receipts, or performance records
- Witness statements
The more detailed the evidence, the easier it is to show how the breach occurred.
3. Send a Demand Letter
Before filing a lawsuit, a formal demand letter gives the other party a final chance to resolve the issue. This letter outlines:
- The terms of the contract
- How the contract was breached
- The damages suffered
- A request for payment or performance
Many disputes resolve at this stage.
4. File a Lawsuit If Necessary
If the other party refuses to comply, the next step is litigation. In Florida, breach of contract claims may be handled in:
- Small Claims Court (for disputes under $8,000)
- County Court
- Circuit Court (for higher-value claims)
A lawsuit can seek financial compensation, or in some cases, specific performance, meaning the court orders the breaching party to fulfill their contractual duties.
5. Prepare for Litigation
Your attorney will help you:
- Analyze the contract
- Calculate damages
- Collect and present evidence
- Negotiate settlement opportunities
- Represent you in court
Florida courts often encourage settlement, but they are fully equipped to enforce a contract through judgment if needed.
Types of Damages You May Recover
Depending on the situation, Florida law allows for several kinds of damages, including:
- Compensatory damages: financial losses resulting from the breach
- Consequential damages: additional harm caused by the breach
- Liquidated damages (if specified in the contract)
- Attorney’s fees (when authorized by statute or contract)
Why Work With an Attorney?
Contract disputes can quickly become complex. Legal guidance helps ensure your rights are protected, your claim is properly documented, and your case is handled within Florida’s required timelines.
At Fischler, Friedman, & Bennett P.A., we can provide legal assistance to the Fort Lauderdale public and help enforce contractual rights when agreements break down.




