Breach of written contract in Florida

Elements

1. 1

   Valid contract

   Offer, acceptance, consideration, and sufficiently definite terms. In writing, as required.

2. 2

   Performance or excuse

   The plaintiff performed, tendered performance, or was excused.

3. 3

   Breach

   The defendant failed to do what the contract required.

4. 4

   Damages

   The breach caused a measurable loss. Expectation damages are the usual measure.

Burden of proof

Preponderance of the evidence.

A Florida fact pattern

A written AIA-style remodel contract in Coral Gables calls for substantial completion by March 1 and $12,000 in liquidated delay damages. The contractor ghosts for six weeks to staff a bigger job. The owner finishes with another crew. Expectation damages: the difference between what was promised and what it actually cost, plus any enforceable delay term, assuming the owner was not the one holding up inspections.