Contract Repudiation Before Performance in Florida
Repudiation before performance is due is a form of anticipatory breach where a Florida contracting party communicates their refusal to perform before the contractual deadline arrives. This early breach triggers immediate remedies for the non-breaching party.
Forms of Repudiation
Florida courts recognize three forms of repudiation. Express repudiation involves a clear verbal or written statement refusing to perform. Implied repudiation occurs through conduct inconsistent with the ability to perform, such as selling the contract property to a third party. Impossibility repudiation results from actions that make performance impossible, such as demolishing a structure that was the subject of a sale contract.
Retraction Rights
A repudiating party in Florida can retract the repudiation and restore the contract to its original terms, but only before the non-breaching party materially changes position or commences a lawsuit. Retraction requires a clear communication of intent to perform and adequate assurance that performance will occur as originally promised. Once the non-breaching party files suit or enters into a substitute contract, retraction is no longer available.
Related Terms
Barnes Walker Litigation
Barnes Walker handles contract repudiation and breach claims for businesses and individuals throughout Southwest Florida. Contact our team for litigation guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC