A contract breach can be minor or major; the latter is known as material. If you have been injured by a material breach, you may be able to recover the damages you sustained. You can also be discharged from performing any duties outlined in the contract.
Here are four types of damages you can recover in Florida breach of contract cases - monetary, liquidated, specific performance, and attorney fees.
Monetary Damages
If you have lost money because another party failed to perform work or provide products as promised, your losses are considered monetary damages. The amount of your damages can be decided by comparing where you are after the breach to where you would have been if the breach did not occur.
For example, you hired a builder to add a room to your home, but he only completed 50 percent of the job; leaving you searching for another builder to complete the remaining 50 percent of the project. The money you will spend for the second builder to complete the project are your monetary damages.
Liquidated Damages
Liquidated damages are used to compensate you when there is no clear way to calculate your damages. You and the breaching party can agree on a specific amount for the damages to resolve the case.
Specific Performance
The courts can order specific performance when monetary damages will not fully compensate the injured party. This is particularly helpful in cases involving artistic expressions.
Attorney Fees
Litigating a breach of contract case can get costly. You have to pay the attorney for his or her time and cover the court fees, among other things. If the contract in question authorizes attorney fees when a breach is involved, you can recover those fees and save yourself some money.
Have you been injured by a contract breach? What type of damages did you sustain? Contact our office to discuss damages and other remedies you are entitled to. You can use this form to email us or give us a call at (954) 779-7009.
