Breach of contract. what to know.
Business relationships hinge on enforceable agreements—whether with clients, vendors, landlords, or investors. Ideally, each party fulfills its obligations, but disagreements can arise that lead to contract violations and financial harm.
What Constitutes a Breach of Contract?
Any time one side of an agreement fails to perform a duty the contract requires, a breach occurs. Sometimes this is intentional; other times it stems from unclear terms or informal changes that were never documented. When no written record exists, misunderstandings become common, but the outcome is the same—a party hasn’t delivered on its promise.
To assess a dispute, we determine:
Whether the obligation was part of the original agreement
If the other party indeed failed to meet that obligation
How significant the shortfall was
Whether any valid excuse exists for nonperformance
material vs. non-material Breaches
Not every contract violation allows you to walk away or recover full damages.
A minor breach involves a trivial deviation that doesn’t undermine the core purpose of the deal. For example, if a plumber agrees to install white PVC piping but uses black ABS instead—both approved for drain work and invisible once covered—this technical swap would likely merit only recovery of any direct costs you incurred, while leaving the contract in force.
A major (material) breach strikes at the heart of the agreement, making its continued performance impossible or unreasonable. If the same plumber was contractually obligated to use rigid copper piping for its superior durability and fire resistance but instead installed PVC that risks leaks, the deviation would justify terminating the contract and suing for full damages.
Remedies for Contract Violations
When a party’s failure causes you loss, the law provides several possible remedies:
Compensatory Damages: Reimbursement to put you in the position you would have occupied had the breach not occurred
Punitive Damages: Extra awards intended to punish particularly egregious conduct (awarded rarely)
Nominal Damages: Token sums when a breach is proven but no actual loss can be shown
Liquidated Damages: Pre-agreed sums that the contract specifies for a breach
In some cases, money isn’t enough. You may seek:
Specific Performance: A court order requiring the breaching party to fulfill its contractual promise
Rescission and Restitution: Cancellation of the contract and return of any benefit you conferred
Affirmative Defenses
When faced with a breach-of-contract claim, defendants aren’t left without recourse. At Lomba, P.A., we rigorously evaluate and assert every applicable affirmative defense to bar or limit liability. Common defenses include:
Statute of Limitations: Demonstrating that the claimant waited too long to file suit under Florida’s four-year deadline
Waiver and Estoppel: Showing the plaintiff’s own words or conduct led you to believe strict performance wasn’t required
Impossibility or Frustration of Purpose: Proving an unforeseen event made performance objectively impracticable
Unconscionability and Illegality: Arguing that the contract terms are so one-sided or unlawful they cannot be enforced
Duress, Fraud in the Inducement, and Mistake: Establishing the agreement was procured by wrongful means or mutual misunderstanding
Navigating a contract dispute on your own risks missed deadlines, procedural errors, and underestimating your recovery. At Lomba, P.A., our breach of contract lawyer understands how to interpret complex agreements, marshal evidence, and negotiate or litigate for the best possible outcome. Contact us today for a consultation—so you can protect your rights and focus on moving your business forward.