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Breach of Contract

Enforce the Deal You Made with an Orlando Breach of Contract Attorney

A breach of contract happens when one party fails to do what the agreement required—and the other is left with the loss. As an Orlando, Florida breach of contract attorney, Keough Law helps you recover what you're owed, or defend against a claim, through demand letters, negotiation, and litigation.

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What's at Stake

A broken promise shouldn't become your loss

When the other side doesn't hold up their end, the damage is real—unpaid invoices, blown timelines, lost customers. Waiting rarely helps; evidence fades and deadlines run.

The good news: a well-built claim, pressed early, often recovers what you're owed without a drawn-out fight.

  • A customer or client refuses to pay for completed work.
  • A vendor takes your deposit and never delivers.
  • A partner ignores obligations spelled out in your agreement.
  • You’re accused of breaching—and need to push back.
The Elements

What you must prove to win

A Florida breach of contract claim has four elements. We build each one—and, on defense, look for the one that's missing.

1

A valid contract

An enforceable agreement—written, oral, or implied—with a clear offer, acceptance, and consideration.

2

Your performance

You did what the contract required, or you had a valid excuse for not performing.

3

Their breach

The other party failed to do what they promised—a material failure, not a trivial one.

4

Your damages

You suffered a loss caused by the breach. Damages are what make the claim worth pursuing.

Common Defenses

How breach claims are fought

Whether you're suing or being sued, these are the defenses that decide cases:

  • No valid or enforceable contract existed
  • You were paid or the obligation was satisfied
  • The other side breached first or prevented performance
  • Substantial performance was provided
  • Waiver, modification, or release
  • Statute of limitations has expired
  • Fraud, duress, or mistake in formation
  • Failure to mitigate damages
The Damages

What you can recover

Compensatory (expectation)

The benefit of the bargain—what you would have received had the contract been performed.

Consequential

Foreseeable losses flowing from the breach, such as lost profits, when properly proven.

Incidental

Reasonable costs incurred dealing with the breach—covering, inspecting, or reselling.

Liquidated

A pre-agreed amount written into the contract, enforceable if it’s a reasonable estimate.

Specific performance

A court order to perform, available where money damages won’t make you whole (e.g. unique goods).

Attorney’s fees

Recoverable when the contract or a statute provides for them—often decisive in smaller disputes.

Proven results

We get businesses paid

When a company received thousands of dollars in product and refused to pay, we went after them and recovered for our client—responsively and cost-effectively. That's the focus we bring to every breach and nonpayment matter.

“Mr. Keough represented my business on a dispute, and he was able to get more than what I expected on the final outcome. He is very professional, proficient, gives great advice, and follows up quickly and efficiently.”

Service Volusia Granite

Business Dispute

The Process

From demand to recovery

01

Review & demand

We assess the contract and the breach, then send a demand letter that often resolves the matter fast.

02

Negotiate

Most disputes settle. We negotiate hard for a resolution that recovers what you’re owed.

03

Litigate

If needed, we file suit and pursue your claim through discovery to judgment.

04

Collect

A judgment is only worth what you can collect—we pursue enforcement to get you paid.

Related Insights
FAQ

Breach of contract questions

What has to be proven in a breach of contract case?

Four things: a valid contract existed, you performed your side (or were excused), the other party materially breached, and you suffered damages because of it. If any element is missing, the claim is vulnerable—which is exactly what defenses target.

What is the difference between a material and a minor breach?

A material breach defeats the purpose of the contract and excuses the other party from further performance, opening the door to full damages. A minor (immaterial) breach still entitles you to damages for the shortfall, but you generally must still perform your own obligations.

How long do I have to sue for breach of contract in Florida?

Under Florida Statutes §95.11, you generally have five years to sue on a written contract and four years on an oral contract, measured from the date of the breach. Because deadlines and evidence both run against you, it’s best to act quickly.

Can I recover my attorney’s fees?

Often, yes—if the contract contains a prevailing-party attorney’s fee provision or a statute allows it. Florida also makes one-sided fee clauses reciprocal in many cases. Fee recovery can make an otherwise uneconomical claim worth pursuing.

Do I have to go to court?

Usually not. Most breach disputes resolve through a demand letter and negotiation or mediation. We pursue the fastest path to a good result and litigate only when it’s the best way to protect your interests.

Someone won’t pay my business. Is that a breach of contract?

Typically, yes. Nonpayment for goods or services delivered under an agreement is one of the most common breaches we handle. We pursue demand letters, negotiation, and litigation—and, for construction work, mechanic’s liens—to recover what you’re owed.

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