How to Handle Breach of Contract: Contact Our Lawyers

If you’re facing a breach of contract, it’s critical to get an experienced attorney involved as early as possible to protect your rights and strengthen your position.

You may be dealing with a breach of contract if the other party has failed to meet deadlines, withheld payment, delivered subpar goods or services, or otherwise violated the terms of your agreement.

At Southron Firm, our attorneys have extensive experience handling breach of contract cases across Florida. We’ve helped clients recover damages, enforce agreements, and resolve disputes through both demand letters and litigation.

Here are the key steps for Handling a Breach of Contract effectively:

• Review your contract
• Collect evidence
• Send a formal demand letter 
• Consult with a breach of contract attorney
• File a lawsuit if necessary

Our breach of contract law firm will guide you through every step of your case—demand letter to litigation.

What Constitutes a Breach of Contract?

A breach of contract occurs when one party fails to fulfill their obligations as defined within the contract’s terms to a legally binding agreement . This includes failing to deliver services, missing payments, or violating contract terms.

Types of Breach of Contract under Florida Law include:

• Material Breach: A material breach happens when one party fails to perform a key part of the contract. The breach is considered so significant that it defeats the contract’s main purpose. This breach allows the non-breaching party to end the contract and sue for full damages under Florida law.
• Minor Breach: A minor breach occurs when the failure is limited or only affects a small part of the contract. The non-breaching party must still fulfill their obligations but can seek compensation for any losses caused by the breach.
• Anticipatory Breach: An anticipatory breach takes place when a party clearly indicates that they won’t meet their contractual obligations, before their performance is due.  Under Florida Statute § 672.610, the non-breaching party can treat this as an immediate breach and pursue legal remedies.
• Fundamental Breach: A fundamental breach is a severe violation that destroys the contract’s foundation. This allows the non-breaching party to terminate the agreement and seek damages. Florida courts view it similarly to a material breach with full legal consequences.

Common Examples of Breach of Contract

Common Breach of Contract Examples include:

• Failure to deliver goods or services as agreed
• Missing or late payments
• Violating specific contract terms or conditions
• Refusing to perform contractual obligations
• Breaking confidentiality or non-compete clauses

If you’ve experienced any of these breaches, contact our breach of contract attorneys now to protect your rights and pursue your claim.

Expert Legal Guidance for a Demand Letter for Breach of Contract

A demand letter formally notifies the other party of the breach and demands remedy, starting the process for negotiation or legal action. If you need to send or respond to a demand letter for breach of contract, having our experienced legal guidance will make a significant difference. 

An attorney should draft a breach of contract letter to ensure it’s enforceable and protects your rights.

Let our contract attorneys help you take serious legal action to protect your interests and pursue the compensation you deserve.

• Call us at: 813-773-5105
• Visit our contact page: Contact Us Page

Contact our breach of contract lawyer for a free consultation and get expert guidance to protect your rights today.

How to Handle a Breach of Contract

If you’re facing a breach of contract, seek legal representation early. An experienced attorney can help you understand your rights, avoid missteps, and take the most effective course of action to recover damages.

Here are effective steps in handling a contract breach:

1. Review Your Contract: Carefully examine the contract to identify the specific obligations that were not fulfilled. Then determine if the breach is material, minor, or anticipatory breach of contract. Our attorneys will review your contract and determine the best legal strategy for resolving your breach.

2. Collect Evidence: Gather all relevant documents, communications, and records that prove the breach occurred. Also, show the impact it has had on your business or finances.

3. Send a Formal Breach of Contract Demand Letter: A demand letter drafted by an attorney outlines the breach, presents the legal basis, and demands a specific remedy. A professionally written breach of contract demand letter strengthens your position, increases pressure on the breaching party, and can help maximize your compensation while potentially avoiding costly litigation.

4. Consult with a Breach of Contract Attorney: Our breach of contract lawyer near me can assess your case, identify the best strategy, and ensure you comply with all legal requirements before escalating the matter.

5. File a Lawsuit if Necessary: If the issue cannot be resolved through negotiation, our attorney may initiate legal proceedings to recover damages or enforce the contract.

Contact our breach of contract attorney in Tampa for an initial consultation and expert legal counsel tailored to your situation.

How to Sue for Breach of Contract in Florida

If the dispute cannot be resolved through negotiation or a formal demand letter, filing a lawsuit may be necessary to enforce the contract and recover damages.

To successfully prove a contract breach under Florida law, you must establish four elements:

• A Valid Contract Existed: You must demonstrate that an enforceable agreement with clear terms was in place.
• Non-Breaching Party Fulfilled Their Contracts Obligations: You must show that you performed your duties under the contract or were legally excused from doing so.
• A Party Breached the Contract: You must prove that the defendant failed to perform their obligations as outlined in the contract. There must be a clear breach of a specific contractual term.
• Damages Resulted from the Breach: You must demonstrate that you suffered actual financial losses or other quantifiable damages directly caused by the defendant’s breach.

Additional Reading: What Are 4 Essential Elements of a Contract

Steps to File a Breach of Contract Lawsuit in Florida

1. Consult with our breach of contract attorney to evaluate your case and determine if litigation is the best option.
2. Draft and file a breach of contract complaint in the appropriate Florida court. Clearly specify the breached contract terms, the legal grounds, and the damages sought.
3. Serve the defendant with the lawsuit according to Florida Rules of Civil Procedure. The defendant must be officially served with a copy of the complaint and a summons to appear in court.
4. Engaging in the discovery process to gather evidence and build your case. Both parties will engage in a process of exchanging information and evidence relevant to the lawsuit. This can include interrogatories, requests for production of documents, and depositions.
5. Trial or Settlements for the case may occur. Both sides present their evidence and arguments before a judge or jury. Alternatively, the parties may reach a settlement agreement at any stage of the litigation process.

Additional Reading: How to Sue a Company in Florida

To sue for breach of contract in Florida, contact our contract attorneys to take swift legal action and recover the damages you’re owed.

Remedies for Breach of Contract

Under Florida law for breach of contract (Chapter 672) , several remedies exist to compensate the non-breaching party for their losses:

• Compensatory Damages: Monetary compensation for actual losses directly caused by the breach.
• Liquidated Damages: Pre-agreed damages specified in the contract, enforceable if reasonable and not excessive.
• Specific Performance: A court order requiring the breaching party to fulfill their contractual obligations when money is not an adequate remedy.
• Rescission and Restitution: Cancellation of the contract and return of any benefits exchanged to restore the parties to their original positions.
• Injunctions: A court order to stop a party from continuing the breach or to compel specific actions.

Additional Reading: Preventing Breach of Contract

How Our Lawyers Can Help You with a Demand Letter for Breach of Contract

At Southron Firm, our breach of contract attorneys provides thorough support for clients dealing with contract breaches. If you need to send a demand letter for breach of contract, we ensure it is precise, legally sound, and tailored to your specific case to maximize your chances of resolution and compensation. If you’ve received a demand letter, we’ll help you assess its validity, understand your rights, and develop an effective response strategy.

We focus on clear communication, explaining your options and the potential outcomes. We work with you to determine the best approach—whether that means negotiating a settlement or pursuing further legal actions.

Beyond drafting and reviewing demand letters, we offer representation in negotiations, mediation, and court proceedings related to breach of contract disputes.

Let us help you pursue the compensation you deserve. Call us at: 813-773-5105

FAQ

What is a material breach of contract?

A material breach happens when a party to a contract fails to meet a key obligation under the contract, affecting the entire agreement. This often results in a notice of breach of contract and potential legal action or termination of the contract.

When does breach of contract become criminal?

Breach of contract becomes criminal when it involves fraud, forgery of written contracts, or intentional deception during business contracts. These cases go beyond breach of civil contract claims and may lead to criminal penalties.

What happens if you are in breach of a contract?

If you fail to perform a term of the contract, the other party may seek damages, issue a notice of breach, or terminate the contract. The penalty for breach of contract depends on the contractual agreement and the parties involved.