The term “statute of limitations” refers to the deadline within which a person or entity can file a lawsuit for a specific reason. If the plaintiff fails to file the lawsuit within the statutory deadline, the lawsuit will be dismissed in court.
In this article, you will discover the statute of limitations for breach of contract in Florida.
Florida Statute of Limitations – The Basics
The existence of a statutory time limit within which individuals or legal entities can file lawsuits guarantees the predictability and fairness of the judicial process. Accordingly, the statute of limitations commences from the time the cause of action occurred.
While the time frame applied to the case is still going on, potential plaintiffs are free to decide whether they should file their claims with the appropriate court.
When someone signs a legally binding agreement and fails to perform under its terms and clauses, the other party may file a lawsuit for breach of contract. From the moment the contract is broken, the timeline of the statute of limitation starts running.
Before filing a lawsuit for breach of contract in Florida, it is fundamental to consult with an expert attorney to:
- Review the terms and clauses of the contract
- Identify whether there are actual grounds for legal action
- Rely on alternative dispute resolution methods prior to seeking court intervention
- Draft the lawsuit paperwork and handle the case in court
- Act as a zealot defender of the plaintiff’s interests
What is the Statute of Limitations for Breach of Contract in Florida? – In Detail
Florida Statutes §95.11 specifies that “actions other than for recovery of real property shall be commenced within five years.” Section §95.11 (2) (b) states that the plaintiff has five years to file “a legal or equitable action on a contract, obligation, or liability founded on a written instrument.”
If the plaintiff fails to file a lawsuit within five years after the breach of contract has occurred, the potential defendant can rely on the statute of limitations and attempt to dismiss the lawsuit.
Please note that the statute of limitations varies between different types of contracts. The injured party in a written contract has five years to file a lawsuit, while the timeframe to bring claims for a breach of an oral contract is four years.
If the injured party wants to request specific performance under the contract, the statute of limitations is limited to one year of the contractual breach. Florida law provides specific deadlines to reduce the risk of unfairness and prevent delays in the enforcement of the plaintiff’s legal rights.
How to Determine The Triggering Date of the Statute of Limitations for Breach of Contract?
In a case involving a breach of contract, the first step to determining the triggering date of the statute of limitations is to identify the cause of the action. When the breach occurs, the timeframe for filing a lawsuit starts.
The more complex a Florida contract is, the more difficult it is to identify the exact triggering date. The solution to avoid uncertainty is to work with an expert attorney for full legal compliance.
Breach of Contract vs. Statute of Limitations – Immediately Contact Jurado & Associates, P.A.
A well-versed attorney from Jurado & Associates, P.A. is willing to help protect your contractual rights. Contact us by calling (305) 921-0976 or emailing Romy@juradolawfirm.com for an individual assessment.