Jacksonville Breach of Contract Lawyers
Our attorneys are experts in high value breach of contract disputes of all types, including workplace agreements, real estate contracts, business to business agreements.
Award Winning Breach of Contract Attorneys in Jacksonville
At Cantrell Schuette, we have a practice group of attorneys that focus on high-value business disputes in Jacksonville, Florida, including claims for breach of contract. We have won significant recoveries for our clients relating to breach of contract, including recovery of millions of dollars in damages and injunctive relief.
As business lawyers, we understand that no two contract disputes are the same. Dynamics of the party’s matter, the goals matter, budget matters, and often protecting certain relationships and exercising discretion matters. We work closely with the client at the outset of a case to map out rights, obligations, options, budget, and timeline.
While we have experience in virtually every industry with business litigation, most of our clients who hire us for contact disputes are established companies (often working with in-house counsel), entrepreneurs, highly compensated individuals, and employees who are owed substantial amounts of wages. We specialize in plaintiff-side litigation. When appropriate, we try to resolve contract disputes prior to filing a lawsuit. Even then, we are focused early on building a powerful case for trial.
When you have a high value contract dispute in Jacksonville (Duval County) Florida, speak with one of our Jacksonville, Florida breach of contract lawyers. Our attorneys have top-tier credentials, substantial experience with contract disputes, and understand the unique business considerations often involved in complex business disputes. Below are some basic FAQs involving Florida breach of contract claims. You’re a free initial consultation, do not hesitate to contact us via phone at 904-869-0992 or email us at coordinator@caklegal.com.
When is a Contract Legally Enforceable in Florida?
A contract is an agreement containing the essential terms between two or more individuals or other entities for each party to do something for the other party. More specifically, a contract is an agreement between the parties who have a “meeting of the minds” to obligate themselves in some manner to the other party. See de Vuax v. Westwood Baptist Church 953 So.2d 677 (1st DCA Fla. 2007) (“[a] meeting of the minds of the parties in all essential elements is a prerequisite to an existence of an enforceable contract…”).
To be a legally enforceable contract, a contract must include all of the “essential terms” because “if there has been no agreement as to essential terms, an enforceable agreement does not exist. See Irby v. Memorial Hospital Jacksonville 901 So.2d 305 (1st DCA Fla. 2005); see also Suggs v. Defranco’s, Inc. 626 So.2d 1100 (1st DCA Fla. 1993) (“[t]o be enforceable, an agreement must be sufficiently specific, and reflect assent by the parties to the essential terms”).
As stated in the State of Florida’s Standard Jury Instructions, to prove that a contract was created, a party must prove the essential terms were clear and understood; the parties agreed to give each other something of value; and the parties agreed to the essential terms of the contact. See Fla. Std. Jury Instr. (Civ.) 416.3, Contract Formation.
The required elements of a contract are as follows:
- Offer – An offer is the communication of a binding proposal by one to another party for each party to agree to be bound to the specific terms outlined in the offer.
- Acceptance – An acceptance is the communicated agreement of the party receiving the offer for each of parties to be bound to the specific terms outlined in the offer.
- Consideration – The consideration for a contract is what each party is giving up or is agreeing to be obligated to pay or perform under the terms of the contract.
What is a Breach of Contract?
The most common issue to arise when dealing with contracts is disputes regarding breach of contract. A breach of contract occurs when one party fails in its performance of a material obligation under the contract. This is usually referred to as a material breach of the contract. A material breach of the contract is the failure of a party to perform a major component of the contract.
For example, the failure of an employer to pay an employee their unpaid commissions for work completed would be a material breach because the receipt of commissions is the primary reason the employee entered into the contract to perform work for the employer. When a party materially breaches a contract, the other party, subject to any agreed periods for such party to cure the material breach, may choose to bring an action for breach of contract.
How to Bring an Action for Breach of Contract.
A breach of contract action is usually handled by the filing of a lawsuit in the appropriate court or other forum with jurisdiction. As for the filing of a breach of contract action in court, the specific court and division will usually be dictated by the contract terms.
For Breach of Contract Actions Filed in a Florida Court:
If the amount in controversy is liquidated and less than $8,000, a party can file the breach of contract action in Small Claims Department of the Duval County Clerk’s Office located at Duval County Clerk of Courts, Attn: Small Claims Department, 501 West Adams Street, Room 1054, Jacksonville, FL 32202 and can be contacted at (904) 255-2000.
If the amount is controversy is not liquidated and more than $8,000 but less than $50,000, a party can file the breach of contract action with the Fourth Judicial Circuit Court – County Division located at Duval County Clerk of Courts, 501 West Adams Street, Room 1054, Jacksonville, FL 32202 and can be contacted at (904) 255-2000.
If the amount in controversy is $50,000 or greater, a party can file the breach of contract action with the Fourth Judicial Circuit Court – Circuit Division located at Duval County Clerk of Courts, 501 West Adams Street, Jacksonville, FL 32202 and can be contacted at (904) 255-2000.
Other Forums and Venues for Breach of Contract Actions:
Other forums and venues which may either be required to be utilized by the parties under the terms of the contracts or which may be agreed to by the parties to resolve breach of contract disputes include arbitration and mediation.
An arbitration is a binding proceeding in which the forum is before an arbitrator rather than a judge. Many times, the contract will include provisions that require any disputes relating to the contract to be brought in an arbitration proceeding. The reasons the parties may choose to include an arbitration provision is to potentially lower the costs in resolving any disputes and to prevent the proceedings from becoming public record in courts’ case records.
When dealing with an arbitration proceeding, it is important for the parties to understand that the arbitration forum itself will usually have its own rules that govern the arbitration proceeding. For example, one of the most common arbitration forums is the American Arbitration Association (AAA) which proscribes its own rules on how different types of arbitrations are conducted. For reference, the AAA rules for AAA’s Commercial Arbitration Rules can be found at https://www.adr.org/commercial.
Unlike arbitration, a mediation is a non-binding proceeding where a mediator oversees the parties in trying to resolve the dispute absent either court litigation or arbitration. Although a contract may specify that the parties are required to participate in a mediation prior to the filing out either a court or arbitration proceeding, whether a mediation is successful in resolving a dispute in entirely up to the parties to voluntarily reach a agreed resolution. The reasons the parties may choose to include a mediation provision include to seek an early resolution of the dispute without the formalities and costs of a court or arbitration proceeding or to streamline issues that will need to be resolved in a court or arbitration proceeding.
What are the Remedies for a Breach of Contract in Florida?
Economic Damages. In Florida, including Jacksonville, “[t]he law is clear that the purpose of damages in a breach of contract action is to place the injured party in the same financial position as he would have occupied if the contract has been fully performed.” See Bernhardt v. Jacksonville Medical Center, Inc. 543 So.2d 833 (1st DCA Fla. 1989). However, “where it is not possible to establish lost profits as a measure of damages in a breach of contract case, it is possible to recover other kinds of damages, such as lost capital, investments, expenses and out- of-pocket costs.” See Daytona Migi of Jacksonville, Inc. v. Daytona Automotive Fiberglass, Inc. 388 So.2d 228 (5th DCA Fla. 1980).
Other Remedies. In addition to economic damages, in certain circumstances, a party may be able to seek equitable relief from a court or arbitrator, including reformation of the contract, revocation of the contract, restitution, or quantum meruit. As such, it is important to have a legal professional review the contract and surrounding circumstances to determine all the potential remedies available to a party in a breach of contract action.
Frequently Asked Questions
Yes, an offer to enter into a contract may be revoked by a party prior to the offer being
accepted by the other party.
It depends on the circumstance surrounding the contact. In general, an oral contract which meets the elemental requirements of a contract is enforceable in Florida, including Jacksonville. However, in certain circumstances, a contract needs to be in writing to be enforceable, including when a contract cannot be performed within one year of the contract date. It is important to speak with a legal professional to ensure that your contemplated contract is not required to be in writing.
A “time is of essence” provision can be included in a contract to specifically state that the time for performance under the contract is a material term for which a breach would be considered a material breach. An example of a “time is of the essence” provision is: “Time is of the essence and material in the performance of the parties’ obligation under this Agreement.”
The parties can utilize a forum and venue selection clause in a contract to ensure that any disputes regarding the contract are resolved in the place and manner agreed to by the parties. An example of a “forum and venue selection clause is: “The Parties agree that all disputes will be brought in Duval County, Florida, in the appropriate Court with jurisdiction over this Agreement.”
In Florida, including Jacksonville, unless there is a “prevailing party attorney’s
fees and costs” provision or a statutory right to attorney fees, each party is obligated to cover
their own attorney’s fees. An example of a “prevailing party attorney’s fees and costs” provision is: “In the event that any Court is taken by any Party to enforce the terms of this Agreement, the Prevailing Party shall be entitled to its reasonable attorney’s fees and costs.”
To speak with one of our Jacksonville breach of contract lawyers, call 1-877-858-6868 or email coordinator@caklegal.com.
