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How to Prove a Breach of Contract in Florida: An Overview of the Evidence

When another party breaches a contract, it can cause serious financial damage to your business. You have the right to pursue damages through a breach of contract claim. As part of the claims process, the non-breaching party must prove that a legally actionable breach actually occurred. Evidence is key to any breach of contract claim. Here, our Clearwater business litigation attorney highlights the key things to know about the evidence that you can use to prove a breach of contract. 

What is a Breach of Contract?

To start, it is important to have a legal understanding of the term “breach of contract.” A breach of contract refers to the failure of one party to meet the obligations or terms of a legally binding agreement with another party. The elements of a breach of contract claim in Florida include: 

  1. The existence of a valid contract; 
  2. Fulfillment of obligations by the claimant (non-breaching party); 
  3. An actionable breach of the agreement by the defendant; and
  4. Actual damages as a consequence of breach. 

An Overview of Evidence You Can Use to Establish of a Breach of Contract

As with other types of civil legal claims, proving liability in a breach of contract cases requires presenting comprehensive, compelling evidence. Some examples of different types of evidence that can be used to establish a breach of contract claim in Florida include: 

  • The Contract Itself: The original contract—which ideally will be a written document signed by all parties involved—is the most critical piece of evidence. It serves as the basis for understanding the obligations and expectations of each party.
  • Written Correspondence: Emails, letters, and other written communications between the parties can help to establish a pattern of behavior and demonstrate the intentions or understanding of each party regarding their contractual obligations.
  • Payment Records: Invoicing and payment records can demonstrate whether payments were made in accordance with the contract terms. Unpaid invoices or partial payments can be evidence of a breach.
  • Performance Records: Documentation of work completed, deliverables provided, or milestones reached can be used to show whether a party has met their obligations as outlined in the contract.
  • Witnesses: Testimony from individuals who were involved in the negotiation, execution, or performance of the contract can provide valuable insight into the intentions and actions of the parties.
  • Industry Standards: Demonstrating that a party’s actions deviated from customary industry practices can help to establish a breach of contract.

Contact Our Clearwater, FL Breach of Contract Attorney Today

At Clearwater Business Law, our Florida commercial litigation attorney has the skills and expertise to take on the full range of breach of contract claims. If you have any questions or concerns about proving a breach of contract, we are here to help. Call us now at (727) 785-5100 or contact us online to set up a confidential, no obligation appointment. From our Clearwater law office, we serve communities in Pinellas County and throughout the wider region in Florida.