Florida Statute of Limitations for Breach of Contract Explained
When you experience a breach of contract, you should know what you can do about it. How long do you have to file a lawsuit to seek remedies and claim damages? DoNotPay will tell you all about the Florida statute of limitations for breach of contract—what it is, whether there are exceptions, and if you can avoid going to court in the first place.
A breach of contract in Florida happens if one contractual party fails to fulfill obligations spelled out in the agreement. In Florida, a breach of contract can entail a failure to:
- Perform a service
- Pay for performed services
- Deliver goods on time
- Deliver the right goods
To establish that there is a breach, the injured party has to prove the following breach of contract elements:
|Elements of the Breach of Contract||Details|
|Existence of the contract||The plaintiff needs to prove that a valid contract exists by demonstrating that the agreement includes:
|Non-breaching party’s performance||The injured party must show that they carried out their end of the agreement|
|Breaching party’s failure to perform||The plaintiff must prove that the defendant failed to fulfill their contractual obligations|
|Losses the non-breaching party suffered||The non-breaching party must demonstrate the losses and damage that their business suffered due to the breach|
A statute of limitations refers to the limited period during which a party can sue for breach of contract. Each state has a different statute of limitations, so before you file your lawsuit, check whether the statute of limitations allows it.
Failing to file a lawsuit within the specified timeframe may result in your claim being dismissed. In most cases, the statute of limitations begins when the breach occurs.
The purpose of the statute of limitations is to ensure that the case stays relevant because evidence can be lost and witnesses’ memories can get distorted.
According to the Florida statute of limitations for breach of contract, you—i.e., the plaintiff—have the following timeframes to sue for the breach:
- Written contracts—Five years
- Oral contracts—Four years
- Specific performance claims—One year
It is important that you respect the statute of limitations, especially since the defendant can use it as a defense if the period expires.
There are certain situations when the deadline for filing a claim can be extended—it is called tolling a statute of limitations. The tolling occurs if the defendant:
- Is not in the state when the breach occurs
- Uses a false name the plaintiff is not familiar with
- Cannot be found because they are hiding
If you are uncertain about filing a claim but don’t want the statute of limitations to expire, consider sending a demand letter. A demand letter can help you seek remedies and claim damages out of court, which means it will save you both money and time since litigation can be expensive and time-consuming.
The breach of contract demand letter should contain the following:
- Elements of the breach
- Type of breach (whether it is material, anticipatory, fundamental, or similar)
- Damages you seek
- Proposition of a solution
- Final deadline by which the breaching party needs to fulfill their obligation
If you decide to proceed with a lawsuit, sending a demand letter can be beneficial—the court will take it as a sign of your good faith.
If you sign up for DoNotPay, you can get a fully personalized demand letter in a few simple steps.
Forget expensive lawyers and unreliable demand letter templates because DoNotPay has everything you need. We have a product that is budget-friendly and easy to use. Our AI-powered app has knowledge of Florida contract law that will help us create a professional demand letter.
Follow the steps below to get your demand letter:
- Register for DoNotPay and access the Client Breach of Contract product
- Provide details about the case, including:
- Information about your client
- Date when the last payment was due
- The amount that the client owes you
- Services you performed for the client
- Indicate the date by which you want your client to pay you before you proceed to court
- Add photo evidence if you have any
Once you complete the questionnaire, we will generate your demand letter, which will comply with all the necessary laws and cover the specific aspects of your case.
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