When Can You Sue for Breach of Contract in Florida?

Not every broken promise is actionable in court. To succeed in a Florida breach of contract lawsuit, you need to prove specific legal elements. Here's what you need to know.

The four elements of breach of contract

Florida courts require plaintiffs to prove four elements:

A valid contract existed. This means there was an offer, acceptance, and consideration (something of value exchanged). The contract can be written or oral, though certain types of contracts must be in writing under Florida's Statute of Frauds.
You performed your obligations (or were excused from performance). You must show that you did what the contract required of you, or that you had a valid reason for not performing.
The other party breached the contract. A breach occurs when a party fails to perform a material obligation under the contract without legal excuse.
You suffered damages as a result. You must show that the breach caused you actual, quantifiable harm.

Material vs. minor breach

Not all breaches are created equal. A material breach goes to the heart of the contract and substantially defeats its purpose. A minor breach is a failure to perform some obligation that doesn't undermine the contract's essential purpose. The distinction matters because a material breach allows the non-breaching party to terminate the contract and sue for damages, while a minor breach generally only supports a claim for damages - not termination.

Statute of limitations

In Florida, written contract claims must be filed within five years. Oral contract claims have a four-year limit. These deadlines run from the date of the breach, not the date you discovered it.

Available damages

The standard remedy for breach of contract is compensatory damages - enough money to put you in the position you would have been in had the contract been performed. This includes direct damages (the value of what you were promised) and consequential damages (foreseeable losses caused by the breach, such as lost profits).

Florida also allows recovery of liquidated damages if the contract specifies a reasonable pre-set amount for breach. Punitive damages are generally not available in contract cases unless the breach also involves an independent tort like fraud.

Attorney's fees

Florida follows the "American Rule" - each party pays their own attorney's fees unless a statute or the contract provides otherwise. Many commercial contracts include attorney's fee provisions. Under Florida Statute 57.105, a court can also award fees if the losing party's position was not supported by material facts or existing law.

If you believe you have a breach of contract claim in Sarasota or Manatee County, consult a Board Certified Business Litigation attorney who can evaluate the strength of your case and advise you on the most effective path forward.

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