Florida Construction Breach of Contract Lawyer
Elements of Breach in Florida
Florida law recognizes a breach of contract when a party fails to perform an agreed-upon obligation without a valid legal excuse. To prevail on a breach claim, a party must establish:
- A valid, enforceable contract existed.
- A breach—failure to perform or comply with contract terms.
- Damages resulting from that breach.
Bitman Law helps clients prove or defend against each element, whether the issue involves nonpayment, defective work, delay, or wrongful termination.
See related: Construction Contracts | Contractor Representation
Types of Damages
Florida law provides several forms of monetary relief for breach of contract, depending on the nature and impact of the violation:
Compensatory Damages
Restore the injured party to the position they would have been in had the breach not occurred (e.g., cost of completion, unpaid invoices).
Consequential Damages
Cover losses that flow indirectly from the breach, such as lost profits or delay impacts, if foreseeable.
Liquidated Damages
A fixed, pre-agreed amount per day or occurrence, enforceable only if reasonable and not a penalty under Florida law.
Our attorneys analyze contract terms and project records to calculate and pursue the appropriate measure of damages.
Fee Provisions & Attorney’s Fees
Attorney’s fees can significantly affect the outcome of construction litigation. Under Florida law, parties can recover fees only if provided by contract or statute. Many construction contracts contain “prevailing party” clauses awarding attorney’s fees to the winner. These provisions create powerful leverage in settlement negotiations. Bitman Law ensures your contracts include strong fee provisions—and when disputes arise, we fight to recover every dollar you’re entitled to under those terms.
Interaction with Liens & Bonds
Breach of contract disputes often overlap with construction lien and bond claims. A contractor’s unpaid work may justify both a breach action and a lien foreclosure under Florida’s Construction Lien Law (Chapter 713). Similarly, subcontractors and suppliers on public projects can pursue bond claims under Florida’s Little Miller Act. Our attorneys coordinate breach, lien, and bond claims to maximize recovery and streamline litigation, ensuring every available remedy is preserved.
Protect Your Florida Construction Contract Rights
Whether you’re enforcing payment, defending against a default claim, or resolving a performance dispute, Bitman Law provides the strategic representation you need.
Call Bitman Law or schedule a consultation to speak with an experienced Florida construction breach of contract attorney today.
Florida Construction Breach of Contract FAQs
What constitutes a breach of contract in Florida?
A breach occurs when one party fails to perform a material obligation under a valid contract, such as nonpayment, defective work, or refusal to perform.
What damages are available for breach?
Depending on the contract and circumstances, you may recover compensatory, consequential, or liquidated damages.
Can I recover attorney’s fees in a construction breach case?
Only if your contract or a Florida statute provides for it, many well-drafted construction contracts include “prevailing party” attorney’s fee clauses.
How do breach claims connect to lien rights?
If unpaid work is the basis for the breach, contractors may also assert a lien or bond claim to secure payment under Chapter 713.
